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T R O U B L E D C O M P A N Y R E P O R T E R
Friday, September 26, 2025, Vol. 29, No. 268
Headlines
163 MAIN STREET: Claims to be Paid from Property Sale Proceeds
177 HAMPSHIRE: Seeks to Hire Boston One Realty Group as Broker
18222 YORBA LINDA: Case Summary & 20 Largest Unsecured Creditors
245-249 8TH STREET: Case Summary & Seven Unsecured Creditors
3910 ENTERPRISES: Gets Interim OK to Use Cash Collateral
700 17TH STREET: Case Summary & 20 Largest Unsecured Creditors
700 17TH STREET: Seeks Chapter 11 Bankruptcy in Colorado
74 04 ROOSEVELT: Taps Law Office of Charles A. Higgs as Counsel
8501 FORT HAMILTON: Claims to be Paid from Property Sale/Refinance
ADELAIDA CELLARS: Amends Several Unsecured Claims Pay Details
AGDP HOLDING: Committee Seeks to Tap Morris James as Co-Counsel
AGDP HOLDINGS: Committee Hires IslandDundon as Financial Advisor
AGDP HOLDINGS: Panel Seeks to Hire Orrick Herrington as Counsel
ALEON METALS: Texas Enviro Agency Fights Bankruptcy Permits Sale
ALVIN'S COURIER: Gets Interim OK to Use Cash Collateral
APOLLO CONSTRUCTION: Gets Interim OK to Use Cash Collateral
ARCHDIOCESE OF NEW ORLEANS: Expects to End Chapter 11 in December
AVENTIV TECHNOLOGIES: Prospect Marks $3.2MM 1L Loan at 29% Off
AZUL SA: Plan Exclusivity Period Extended to Jan. 5 Next Year
BALAJIO LLC: Gets Interim OK to Use Cash Collateral Until Nov. 4
BEAN BROTHERS: Gets Approval to Hire Essex Richards as Counsel
BEAN BROTHERS: Gets OK to Hire Essex Richards as Legal Counsel
BEAN BROTHERS: Gets OK to Tap Essex Richards as Bankruptcy Counsel
BEYOND PULSE: Hires Michael D. O'Brien & Associates as Counsel
BIRDSBORO POWER: S&P Assigns Prelim 'BB-' Rating on Term Loan B
BLACKFIN PIPELINE: S&P Assigns 'B+' Rating on Senior Secured Debt
BLH TOPCO: Shuts Down Arlington Location After Chapter 11 Filing
BOOKS INC: Gets Court Approval for $3.25MM Sale to Barnes & Noble
BOUNDLESS BROADBAND: Seeks to Extend Plan Exclusivity to Dec. 30
BOWERS TRUCKING: Hires Fellers Snider Blankenship as Legal Counsel
BRAND INDUSTRIAL: BlackRock Debt Marks $3.2MM Loan at 83% Off
BRIDGE TO ADULTHOOD: Case Summary & 13 Unsecured Creditors
BURGESS POINT: Prospect Marks $2.9MM 1L Loan at 14% Off
BYJU'S ALPHA: Files Amendment to Disclosure Statement
CALDWELL HOLDINGS: Gets OK to Use Cash Collateral Until Oct. 9
CALIFORNIA RESOURCES: S&P Rates New $400MM Unsecured Notes 'BB-'
CAPE FEAR: Section 341(a) Meeting of Creditors on October 28
CAR TOYS: Committee Hires Dundon Advisers as Financial Advisor
CAROLINA'S CONTRACTING: Plan Exclusivity Period Extended to Nov. 24
CENTRAL PARENT: BlackRock Debt Marks $2.9MM Loan at 17% Off
CHG US: Plan Exclusivity Period Extended to December 8
CLESMA INC: Seeks to Tap Lane Law Firm PLLC as Legal Counsel
CLNG HOMES: Hires McClain Law Group as Legal Counsel
CRANE ENTERPRISES: Taps Compass Greater NY as Real Estate Broker
CUBIC CORP: BlackRock Debt Marks $3.01MM Loan at 48% Off
CUBIC CORP: BlackRock Debt Marks $614,000 Loan at 48% Off
CUSTOM CONCRETE: Seeks Approval to Tap W. E. Stevens as Accountant
DAWN BIDCO: S&P Assigns 'B-' Issuer Credit Rating, Outlook Stable
DERBY MOBILE: Voluntary Chapter 11 Case Summary
DIGITAL ALLY: Closes $750K Convertible Note and Warrant Financing
DIGITAL ALLY: Secures $25M Equity Financing With ELOC Investor
DIOCESE OF ALBANY: Hartford Appeals Ruling on Bankruptcy Standing
DIOCESE OF BUFFALO: Jones Day's Hiring in Ch. 11 Case Pushed Back
DRAGONFLY PRIMARY: Final Cash Collateral Hearing Set for Sept. 29
DRAGONFLY PRIMARY: Hires Dentons Bingham Greenebaum as Counsel
DW TRUMP: Unsecured Creditors to Get Nothing in Plan
EARLY AMERICAN: Seeks to Tap Steidl and Steinberg as Legal Counsel
EFS COGEN I: Fitch Affirms 'BB-' LongTerm IDR, Outlook Stable
EKSO BIONICS: Obtains $2 Million Secured Financing From B. Riley
ELETSON HOLDINGS: Revives Bid to DQ Reed Smith in Chapter 11
EP WEALTH: S&P Assigns 'B-' Issuer Credit Rating, Outlook Stable
EVOLUTION ACADEMY: S&P Affirms 'B' Rating on 2010A Revenue Bonds
EYECARE PARTNERS: BlackRock Debt Marks $471,000 Loan at 21% Off
FCI SAND: Committee Seeks to Tap Porter Hedges as Legal Counsel
FCI SAND: Committee Taps Dundon Advisers as Financial Advisor
FELTRIM BALMORAL: Gets Extension to Access Cash Collateral
FIVE RIVERS: Court OKs Stipulation to Use Cash Collateral
FRANCHISE GROUP: Sues Buyers Over Former CEO's Improper Role
GENESIS HEALTHCARE: Warns Legal Fees Endanger Bankruptcy Process
GOODTEAM GROUP: Seeks Chapter 7 Bankruptcy in Nevada
GULF STREAM: Case Summary & Three Unsecured Creditors
HALL OF FAME: Buyer Parties Delay Merger Termination to Sept. 30
HALL OF FAME: Expands Credit Facility to $17M via Tenth Amendment
HEART 2 HEART: Quality of Care Maintained, 3rd PCO Report Says
HERTZ CORP: BlackRock Debt Marks $1.01MM Loan at 17% Off
HERTZ CORP: BlackRock Debt Marks $199,000 Loan at 17% Off
HERTZ CORP: S&P Rates New $250MM Exchangeable Notes 'CCC+'
HORSEY DENISON: Hires RE/MAX Advantage Realty as Broker
HOUSING NORTHWEST: S&P Affirms 'BB-' Rating on 2016A Bonds
HRZN INC: Seeks to Hire Buechler Law Office as Bankruptcy Counsel
HYPERSCALE DATA: Sets Oct. 10 Payment for Series D and E Dividends
INGENOVIS HEALTH: BlackRock Debt Marks $539,000 Loan at 48% Off
INSPIREMD INC: Danny Dearen Appointed Audit Committee Chair
IOK TECHNOLOGY: Claims to be Paid from Continued Operation
IPA ASSET: Hires Goldberg Weprin Finkel as Bankruptcy Counsel
JAMANA LLC: Hires Real Estate Matrix as Real Estate Appraiser
JB GROUP: Hires Campbell Business Solutions as Financial Advisor
JB GROUP: Taps Stewart Robbins Brown & Altazan as General Counsel
JC PENNEY: Lawyers Say Final Chapter 11 Payouts Approaching
JSL COMPANIES: Section 341(a) Meeting of Creditors on October 27
KENNISON STRATEGIC: Taps Ean Miller of Keller Williams as Broker
KESKIN INC: Seeks to Hire Coyle Law Group as Legal Counsel
KYI ENTERPRISES: Taps Law Offices of David Freydin as Counsel
LABRUZZO COMMERCIAL: Amends Unsecured Claim Pay Details
LABRUZZO WOODLANDS: Updates Unsecureds & Secured Claims Pay Details
LANDMARK HOLDINGS: No Patient Care Concern, 2nd PCO Report Says
LAUREL CREEK: Seeks Court Approval to Tap Kirk Reimer as Appraiser
LEFEVER MATTSON: Claims to be Paid from Plan Recovery Trust
LIFESCAN GLOBAL: Committee Taps Pachulski Stang Ziehl as Counsel
LIFOD HOME: No Patient Care Complaints, 9th PCO Report Says
LOS ANGELES OZF: Hires Totaro & Shanahan as Insolvency Counsel
LUMO LOGISTICS: Hires Latham Luna Eden & Beaudine as Counsel
MACHIKO MANAGEMENT: Case Summary & Eight Unsecured Creditors
MAGENTA SECURITY: BlackRock Debt Marks $397,000 Loan at 17% Off
MAGENTA SECURITY: BlackRock Debt Marks $466,000 Loan at 54% Off
MAGENTA SECURITY: BlackRock Debt Marks $962,000 Loan at 77% Off
MAGLEV ENERGY: Gets Extension to Access Cash Collateral
MAIN STREET AT TUTTLE: Seeks Chapter 11 Bankruptcy in Florida
MAIN STREET: Case Summary & 20 Largest Unsecured Creditors
MAITE LLC: Seeks to Hire O'Hagan Meyer as Special Counsel
MARRA AIR: Court Denies Bid to Use Cash Collateral
MAWSON INFRASTRUCTURE: Nasdaq Extends MVLS and Bid Price Deadlines
MAWSON INFRASTRUCTURE: Provides Corporate Update on Operations
MCMILLAN LOGGING: Seeks to Tap Bruner Wright as Bankruptcy Counsel
MERIT STREET: Dr. Phil to Face Trial Tied to Firm's Bankruptcy
MISSION POINT: Quality of Care Maintained, PCO Reports
MODIVCARE INC: Creditors' Committee Opposes $100MM DIP Financing
MONTE MARTIN: Section 341(a) Meeting of Creditors on November 3
MOUNTAIN VIEW: Court OKs Ardmore Mall Sale to United Texas Bank
MUNAWAR LAW: Examiner Hires Lowenstein Sandler as Counsel
NAKED JUICE: BlackRock Debt Marks $559,000 Loan at 54% Off
NAKED JUICE: BlackRock Debt Marks $831,000 Loan at 21% Off
NB MOUNTAIN: Trustee to Employ Tucker Arensberg PC as Counsel
NBA PROPERTIES: Hires Keller Williams Realty as Real Estate Broker
NIBA DESIGNS: Seeks Approval to Hire DMS Bookkeeping as Bookkeeper
NUMERICAL CONCEPTS: U.S. Trustee Unable to Appoint Committee
NV FREIGHT: Seeks to Tap Modestas Law Offices as Bankruptcy Counsel
OMNICARE LLC: Gets OK to Tap $25MM Initial DIP, Gov't Clash Looms
OSTEEN'S LOAD: Court Denies Bid to Use Cash Collateral
PACKERS HOLDINGS: BlackRock Debt Marks $801,000 Loan at 46% Off
PAI HOLDCO: BlackRock Debt Marks $740,000 Loan at 24% Off
PAPER IMPEX: To Sell Volvo Equipment to One Click Auto for $13,000
PARAGON MOVING: Unsecureds Will Get 10% of Claims in Plan
PERATON CORP: BlackRock Debt Marks $3.01MM Loan at 48% Off
PERFECT VIEWS: Seeks Chapter 7 Bankruptcy in Florida
PLAZA 106: Seeks to Hire Diaz & Larsen as Bankruptcy Counsel
PRIVATE LENDER: Investor Contribution & Income to Fund Plan
R.W. SIDLEY: Seeks to Hire Root Spitznas & Smiley as Accountant
RELIABLE SECURITY: Unsecureds Will Get 4.72% of Claims in Plan
RICHFIELD NURSING: Hires Capozzi Adler as Special Counsel
RICHFIELD NURSING: Seeks to Hire Capozzi Adler as Special Counsel
RIVERS ENTERPRISE: S&P Affirms 'B+' ICR, Outlook Stable
RMKD LIQUORS: Claims to be Paid from Asset Sale Proceeds
RMS CARRIERS: Court OKs Interim Use of Cash Collateral
SALLY'S RESTAURANT: Seeks to Hire Gregory A. Flood as Counsel
SERVICE PROPERTIES: S&P Rates $580MM Zero-Coupon Sec. Notes 'B+'
SEXTANT STAYS: Seeks to Extend Plan Exclusivity to November 24
SIRVA WORLDWIDE: BlackRock Debt Marks $1.04MM Loan at 61% Off
SOLENIS HOLDING: S&P Rates Subsidiary's Senior Secured Notes 'B-'
SOUTHWESTERN MATTRESS: Closes Selma Location Amid Bankruptcy
SPEEDHAUS 405: Seeks to Hire Blackwood Law Firm as Counsel
SPRINGS WINDOWS: BlackRock Debt Marks $658,000 Loan at 24% Off
STITCH ACQUISITION: BlackRock Debt Marks $205,000 Loan at 17% Off
STRIKE LLC: Trust Reaches Deal w/ Jackson Walker Over Judge Romance
SUMMIT HARD: Court Approves Use of Cash Collateral
TEXAS LEADERSHIP: S&P Raises 2021A Revenue Bonds Rating to 'BB+'
TLH-26 GILES: Case Summary & 20 Largest Unsecured Creditors
TMK HAWK: BlackRock Debt Marks $1.9MM Loan at 60% Off
TOGETHER GOOD: Gets Interim OK to Use Cash Collateral
TPI COMPOSITES: Seeks to Sell Assets at Auction
TPI COMPOSITES: Shifts to Sell Assets as Cash Dwindles
TRI-BOROUGH HOME: No Patient Complaints, 1st PCO Report Says
US MAGNESIUM: Hires Gellert Seitz Busenkell & Brown as Counsel
US MAGNESIUM: Seeks to Hire SSG Advisors as Investment Banker
US MAGNESIUM: Taps Carl Marks Advisory as Restructuring Advisor
US MAGNESIUM: U.S. Trustee Appoints Creditors' Committee
UTICA TOWNSHIP: Seeks to Tap Main Street Auto Sales as Auctioneer
V & M DINER: Unsecureds Will Get 20% of Claims over 5 Years
VALVES AND CONTROLS: Committee Taps Brown Rudnick as Co-Counsel
VALVES AND CONTROLS: Committee Taps Caplin & Drysdale as Co-Counsel
VALVES AND CONTROLS: Committee Taps FTI as Financial Advisor
VAUGHN COLLEGE: S&P Affirms 'B+' Bond Rating, Outlook Stable
VORTEX OPCO: BlackRock Debt Marks $572,000 Loan at 57% Off
WAHL TO WAHL AUTO: Section 341(a) Meeting of Creditors on Oct. 20
WEATHERMASTER ROOFING: Taps Orville & McDonald as Legal Counsel
WELLNESS PET: BlackRock Debt Marks $128,000 Loan at 45% Off
WELLNESS PET: BlackRock Debt Marks $229,000 Loan at 16% Off
WINDSTREAM SERVICES: S&P Rates New $900MM Senior Secured Notes 'B'
WORLDWIDE MACHINERY: U.S. Trustee Appoints Creditors' Committee
[^] BOOK REVIEW: The Heroic Enterprise
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163 MAIN STREET: Claims to be Paid from Property Sale Proceeds
--------------------------------------------------------------
163 Main Street, LLC, filed with the U.S. Bankruptcy Court for the
District of New Jersey a Disclosure Statement describing Chapter 11
Plan of Liquidation dated September 17, 2025.
The Debtor is a limited liability company formed under the laws of
the State of New Jersey. Its three members are Steven Everett,
Wayne (Chuck) Harding, and Daniel Glennon.
Its sole asset (other than potential causes of action) is the
ownership of commercial real property located at 163 Main Street,
Peapack, New Jersey, 07997 (the "Property"). The Debtor purchased
the Property on March 12, 2021 for the sum of $3,300,000.00. The
Debtor was created to take title to the Property upon acquisition.
Due to the Debtor receiving insufficient rental income to service
mortgage obligations, on or about May 29, 2025, Suma Federal Credit
Union f/k/a/ Suma (Yonkers) Federal Credit Union filed a complaint
in commercial non-residential mortgage foreclosure in the Superior
Court of New Jersey, Chancery Division, Somerset County, Docket No.
F-005996-25. The bankruptcy filing stayed this action.
To remedy the problems that led to the bankruptcy filing, the
Debtor proposes to sell the Property, pursuant to the Plan, and
seek to satisfy all allowed secured and administrative creditors in
full, and make a distribution to unsecured creditors.
Class 3 consists of General unsecured claims. Allowed Class 3
Claims will receive a pro rata distribution based upon the sale
proceeds remaining following the payment of allowed Class 1 and 2
claims. Total amount of claims are estimated at approximately
$3,896,326.53.
The Plan will be funded by the proceeds of sale of the Property.
The Debtor has engaged Blau to market the Property for sale and is
in negotiations with a potential purchaser. There is significant
equity in the Property which will result in funds available for
distribution to unsecured creditors.
A full-text copy of the Disclosure Statement dated September 17,
2025 is available at https://urlcurt.com/u?l=lhWVVF from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Ross J. Switkes, CPA
Sherman, Silverstein, Kohl, Rose & Podolsky, P.A.
308 Harper Drive, #200
Moorestown, NJ 08057
Telephone: (856) 661-2075
Facsimile: (856) 661-2069
Emailrswitkes@shermansilverstein.com
About 163 Main Street LLC
163 Main Street LLC is engaged in the business of leasing and
managing real estate properties. The Company primarily focuses on
renting out residential and nonresidential buildings and
structures, including apartment complexes, office spaces, and other
commercial properties.
163 Main Street LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-16512) on June 20, 2025.
In its petition, the Debtor reports total assets of $4,188,170 and
total liabilities of $5,904,326.
The Debtors are represented by Arthur J. Abramowitz, Esq. at
SHERMAN SILVERSTEIN KOHL ROSE & PODOLSKY, P.A.
177 HAMPSHIRE: Seeks to Hire Boston One Realty Group as Broker
--------------------------------------------------------------
177 Hampshire Road, LLC seeks approval from the U.S. Bankruptcy
Court for the District of Massachusetts to employ Boston One Realty
Group as broker.
The Debtor needs a broker to sell its real property located at 33
Royalston Road, Wellesley, Massachusetts.
The broker will receive a commission of 4.5 percent of the
property's sale price. If a buyer's broker will be utilized, the
commission will be evenly divided.
Jorge Sariego, a real estate agent at Boston One Realty Group,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Jorge Sariego
Boston One Realty Group
2273 Dorchester Avenue
Boston, MA 02124
Telephone: (617) 704-0921
Email: jorge@boston1realty.com
About 177 Hampshire Road
177 Hampshire Road, LLC, filed a Chapter 11 bankruptcy petition
(Bankr. D. Mass. Case No. 25-40936) on Sep 03, 2025, listing up to
$50,000 in estimated assets and up to $100,000 in estimated
liabilities.
The Law Offices of John F. Sommerstein serves as the Debtor's
counsel.
18222 YORBA LINDA: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------------
Debtor: 18222 Yorba Linda Owner, LLC
9560 Wilshire Blvd., Suite 430
Beverly Hills, CA 90212
Business Description: 18222 Yorba Linda Owner, LLC is a single-
asset real estate debtor, as defined in 11
U.S.C. Section 101(51B).
Chapter 11 Petition Date: September 23, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-18421
Debtor's Counsel: Michael Jay Berger, Esq.
LAW OFFICES OF MICHAEL JAY BERGER
9454 Wilshire Boulevard, 6th Floor
Beverly Hills, CA 90212
Tel: (310) 271-6223
Fax: (310) 271-9805
Email: michael.berger@bankruptcypower.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Afshin Etebar as managing member.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/FNCN35A/18222_Yorba_Linda_Owner_LLC__cacbke-25-18421__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. AllenCo Vendor $491,551
2109 Gundry Ave
Signal Hill, CA
90755-3517
2. Charter Communications Vendor $31,968
1774 Henry G. Lane Street
Maryville, TN 37801
3. City of Yorbal Linda Fees $312,185
4845 Cas Loma Avenue
Orba Linda, CA 92886
4. Dantuma Masonry, Inc. Vendor $163,383
7411 Walnut St.
Buena Park, CA 90620
5. Dept of Toxic Charge $21,394
Substances Control
9211 Oakdale Ave
Chatsworth, CA 91311
6. Earth Construction & Mining Vendor $97,991
11542 Knott #10
Garden Grove, CA 92841
7. Eisner, LLP Vendor $548,592
433 N. Camden Dr.
4th Fl
Beverly Hills, CA 90210
8. Fishman Block & Vendor $91,400
Diamond, LLP
16830 Ventura Blvd.,
Ste. 400
Encino, CA 91436
9. Infrastructure Investment Consulting $335,000
Partners Services
Attn: Scott A. Griffin
437 Madison Ave.,
35th Fl.
New York, NY 10022
10. John Labib Structural Consulting $33,099
Engineering Services
319 Main Street
El Segundo, CA 90245
11. Kevin Tsai Architectural Architecture $23,280
1439 W. Jefferson Blvd.
Los Angeles, CA 90070
12. Leighton Consulting, Inc. Vendor $20,768
PO Box 51106
Newark, NJ 07101
13. Lotzar Law Firm Legal Fees $64,617
8687 E. Via Ventura
Ste. 115
Scottsdale, AZ 85258
14. Orrick, Herrington & Legal Fees $81,116
Sutcliffe
LockBox 774619
4619 Solutions Center
Chicago, IL
60677-4006
15. Pennington Construction Consulting/ $158,671
Advisors Advising
c/o Todd Pennington Services
79 Bell Pasture Rd
Ladera Ranch, CA 92694
16. Reliable Equipment Vendor $21,060
Rental, Inc.
8331
Commonwealth Ave
Buena Park, CA 90621
17. TAD Consulting Inc. Vendor $118,000
1401 N. Batavia St.
Ste. 103
Orange, CA 92867
18. TBU, Inc. Vendor $143,723
244 Maple Ave Ste. T
Beaumont, CA 92223
19. Willis Towers Vendor $31,812
Watson Svcs West
2010 Main Street
Ste. 150
Irvine, CA 92614
20. Zamborelli Enterprises, Inc. Vendor $31,237
640 S. Coast Hwy
$3A
Laguna Beach, CA 92651
245-249 8TH STREET: Case Summary & Seven Unsecured Creditors
------------------------------------------------------------
Debtor: 245-249 8th Street NE REI LLC
8300 Greensboro Drive, Suite L1-684
McLean, VA 22102
Business Description: 245-249 8th Street NE REI LLC, categorized
as a single-asset real estate entity under
U.S. law, owns the property at 245-249 8th
Street NE in Washington, D.C.
Chapter 11 Petition Date: September 17, 2025
Court: United States Bankruptcy Court
District of Columbia
Case No.: 25-00422
Judge: Hon. Elizabeth L Gunn
Debtor's Counsel: Kristen E. Burgers, Esq.
HIRSCHLER FLEISCHER PC
1676 International Drive
Suite 1350
Tysons, VA 22102
Tel: 703-584-8364
E-mail: kburgers@hirschlerlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Ehsan Naranji as member and authorized
representative.
A copy of the Debtor's list of seven unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/S3H7BDY/245-249_8th_Street_NE_REI_LLC__dcbke-25-00422__0001.2.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/SQZA3NY/245-249_8th_Street_NE_REI_LLC__dcbke-25-00422__0001.0.pdf?mcid=tGE4TAMA
3910 ENTERPRISES: Gets Interim OK to Use Cash Collateral
--------------------------------------------------------
3910 Enterprises, Inc. received interim approval from the U.S.
Bankruptcy Court for the Southern District of Texas, Galveston
Division, to use cash collateral.
The court order authorized the Debtor to use cash collateral to pay
operating expenses in line with its budget. Unused funds may roll
over into future weeks.
The Debtor may vary from the budget weekly by up to 15% for items
forecasted at $2,000 or less, and up to 10% for items forecasted
over $2,000.
The order authorized the Debtor to reserve funds for the 2025
property taxes on its property located in Galveston, Texas.
As of the petition date, the Debtor's cash collateral included
monies in the bank of approximately $6,252.28 and rent receivables
of approximately $27,150 per month.
The Debtor believes that even with the mortgages on certain
properties, each lender is oversecured. The Debtor estimates the
total value of all of its properties to be approximately $5,000,000
and the total liabilities on the Debtor's properties to be
approximately $3,400,000. Therefore, the Debtor believes that any
creditor asserting a lien on cash is protected by the Debtor's
equity as well as the continued operation of its business.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/WGVUX from PacerMonitor.com.
About 3910 Enterprises Inc.
3910 Enterprises, Inc. manages real estate on behalf of clients and
provides property appraisal services.
3910 Enterprises sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Texas Case No. 25-80362) on August 5,
2025. In its petition, the Debtor reported between $1 million and
$10 million in assets and liabilities.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by Genevieve M. Graham, Esq., at
Genevieve Graham Law, PLLC, doing business as Graham, PLLC.
700 17TH STREET: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Debtor: 700 17th Street, LLC
700 17th Street, #LL150
Denver, CO 80202
Business Description: 700 17th Street, LLC, identified as a
single-asset real estate company under U.S.
bankruptcy law, holds ownership of the
property located at 700 17th Street in
Denver, Colorado, 80202.
Chapter 11 Petition Date: September 24, 2025
Court: United States Bankruptcy Court
District of Colorado
Case No.: 25-16173
Judge: Hon. Kimberley H Tyson
Debtor's Counsel: Jeffrey A. Weinman, Esq.
ALLEN VOLLONE WOLF HELFRICH & FACTOR, P.C.
1600 Stout Street
1900
Denver, CO 80202
Tel: 303-534-4499
E-mail: jweinman@allen-vellone.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
Kenneth Grant signed the petition on behalf of Toma West, LLC,
which manages the Debtor.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/DO72ILQ/700_17th_Street_LLC__cobke-25-16173__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/DBGBKSI/700_17th_Street_LLC__cobke-25-16173__0001.0.pdf?mcid=tGE4TAMA
700 17TH STREET: Seeks Chapter 11 Bankruptcy in Colorado
--------------------------------------------------------
On September 24, 2025, 700 17th Street LLC, a Denver single-asset
real estate company, sought Chapter 11 protection in the Colorado
bankruptcy court. The petition shows $10 million–$50 million in
debt, and potential recovery for unsecured creditors.
About 700 17th Street LLC
700 17th Street LLC is a single asset real estate company.
700 17th Street LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Col. Case. No. 25- 16173) on September
24, 2025. In its petition, the Debtor reports estimated estimated
assets between $1 million and $10 million and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Kimberley H. Tyson handles the case.
The Debtor is represented by Jeffrey Weinman, Esq. of Allen Vellone
Wolf Helfrich & Factor P.C.
74 04 ROOSEVELT: Taps Law Office of Charles A. Higgs as Counsel
---------------------------------------------------------------
74 04 Roosevelt Corp. seeks approval from the U.S. Bankruptcy Court
for the Eastern District of New York to hire Charles A. Higgs of
the Law Office of Charles A. Higgs to serve as bankruptcy counsel
in its Chapter 11 case.
The firm will provide these services:
(a) assist in the administration of this Chapter 11
proceeding;
(b) set bar date;
(c) prepare or review operating reports;
(d) assist in drafting a plan of reorganization and all
exhibits and schedules thereto, and confirming a Chapter 11 plan;
(e) review claims and resolve claims that should be
disallowed; and
(f) perform all other services necessary to confirm a plan in
bankruptcy or defend the bankruptcy.
The Higgs Firm received $7,500 plus the filing fee as a retainer,
with unused portions to be applied against the first fee
application.
The firm will bill the Debtor at hourly rates of $450 for attorneys
and $200 for paraprofessionals.
The Law Office of Charles A. Higgs is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code,
according to court filings.
The firm can be reached at:
Charles A. Higgs, Esq.
LAW OFFICE OF CHARLES A. HIGGS
2 Depot Plaza, Ste. 4
Bedford Hills, NY 10507
Telephone: (917) 673-3768
E-mail: charles@freshstartesq.com
About 74 04 Roosevelt Corp.
74 04 Roosevelt Corp. is the owner of a two-level multi-purpose
structure located at 74-04 Roosevelt Ave, Woodside, NY 11377, with
an estimated worth of $1.4 million.
74 04 Roosevelt Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41224) on March 13,
2025. In its petition, the Debtor reports total assets of
$1,403,000 and total liabilities of $2,631,450.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtor is represented by:
Charles Higgs, Esq.
THE LAW OFFICE OF CHARLES A. HIGGS
2 Depot Plaza First Floor, Office 4
Bedford Hills, NY 10507
Tel: (917) 673-3768
E-mail: charles@freshstartesq.com
8501 FORT HAMILTON: Claims to be Paid from Property Sale/Refinance
------------------------------------------------------------------
8501 Fort Hamilton Parkway Ltd., filed with the U.S. Bankruptcy
Court for the Eastern District of New York a Disclosure Statement
in support of Liquidating Plan of Reorganization dated September
16, 2025.
The Debtor is proceeding on dual tracks. In the first instance, the
Debtor is moving forward with a sale of its residential apartment
building located at 8501 Fort Hamilton Parkway, Brooklyn, NY (the
"Property") to the highest bidder at a recently completed auction
sale.
The sale remains subject to the Lender's consent, and the
opportunity for the Debtor to refinance the agreed secured prior to
a closing on the sale with the high bidder, likewise subject to
Flagstar's consent. In the interim, the Debtor has filed the Plan
to present the dual treatments and ultimately obtain the approval
of the secured lender, Flagstar Bank as successor by merger to New
York Community Bank.
In the event the Debtor's principal, Muhamet Nikezi, is able to
timely refinance the debt with Flagstar, he would be required to
pay Flagstar the same or more than Flagstar stands to receive on a
"net" basis by virtue of a sale of the Property in bankruptcy to
the high bidder. Under a sale scenario, Flagstar would be required
to contribute, by way of a carve-out from sale proceeds and accrued
rent, the funds necessary to pay (i) open real estate taxes,
associated water charges, and violations; (ii) administrative
expenses as capped pursuant to stipulation; and (iii) a reserve of
$10,000 for unsecured creditors (defined as the "Contribution" for
purposes of the Plan).
Under the alterative refinancing scenario, Mr. Nikezi would remain
responsible to pay the same amounts comprising the Contribution.
Class 3 consists of the Allowed General Unsecured Claims. All
Allowed Class 3 General Unsecured Claims shall share in a pro rata
distribution from Creditor Reserve as established with the
Disbursing Agent at the Closing on a sale or refinancing from the
Contribution. Class 3 is impaired and entitled to vote on the
Plan.
Class 4 consists of the Equity Interests in the Debtor held by
Muhamet Nikezi. No payments shall be made on account of the equity
interests of Mr. Nikezi in the Debtor in the event of a sale,
although the equity shall not be canceled. In the event of a
refinancing, the equity interests of Mr. Nikezi shall continue to
be held by him, and Mr. Nikezi shall remain the sole member of the
Reorganized Debtor.
The Plan shall be implemented and funded through the sale or the
refinancing of the Property. In the event of a refinancing, Mr.
Nikezi shall use the net proceeds to pay-off Flagstar in an agreed
sum, plus Mr. Nikezi will also be responsible to pay to the
Disbursing Agent the Contribution. As part of any refinancing,
Flagstar shall deliver an executed satisfaction of its mortgage in
form acceptable to the title company without release of the
guarantor.
A full-text copy of the Disclosure Statement dated September 16,
2025 is available at https://urlcurt.com/u?l=wahKbe from
PacerMonitor.com at no charge.
Counsel to the Debtor:
J. Ted Donovan, Esq.
Kevin Nash, Esq.
Goldberg Weprin Finkel Goldstein LLP
125 Park Ave., 12th Floor
New York, NY 10017
Telephone: (212) 221-5700
About Fort Hamilton Parkway Ltd.
Fort Hamilton Parkway Ltd. is the owner of certain residential
property acquired in 1995 located at 8501 Fort Hamilton Parkway,
Brooklyn, NY. The Property is improved by a four-story residential
apartment building with 19 rooms per floor.
8501 Fort Hamilton Parkway Ltd. sought Chapter 11 protection
(Bankr. E.D.N.Y. Case No. 24-44150) on Oct. 4, 2024.
The Honorable Bankruptcy Judge Nancy Hershey Lord handles the
case.
The Debtor is represented by Kevin Nash, Esq. at GOLDBERG WEPRIN
FINKEL GOLSTEIN LLP.
ADELAIDA CELLARS: Amends Several Unsecured Claims Pay Details
-------------------------------------------------------------
Adelaida Cellars, Inc., submitted a First Amended Disclosure
Statement describing First Amended Chapter 11 Plan of Liquidation
dated September 17, 2025.
The Plan is a liquidating plan under which the Debtor will continue
its operations pending a sale of its assets as a going concern and
will use the net proceeds from the sale, as well as a new value
contribution from its equity holder, to fund payments to creditors
under the Plan.
The judgment creditor holding the largest claim against the Debtor
will have its distributions held in trust pending the outcome of
the appeal of the judgment. Distributions on account of Disputed
Claims will be reserved and no Distributions will be made to
Holders of any Disputed Claims unless and until they become Allowed
Claims.
The Plan is a liquidation plan under which the Debtor will sell the
Property as a going concern at the same time that KMBG sells the
KMBG Property. Distributions to the Holders of Allowed Claims will
be made by the Reorganized Debtor. No Distributions will be made to
the Holders of any Disputed Claims unless and until they become
Allowed Claims.
Class 4b consists of the General Unsecured Claims other than the
Claim of the Judgment Creditor and the Claims in Class 4c. The
allowed unsecured claims total $3,358,085.60, including the Class 1
Claim of First State Trust Company of Delaware, as Trustee of the
Kedrin E. Van Steenwyk Issue Trust dated August 8, 1996, as
decanted September 28, 2018, if the Lien is avoided.
Commencing at the end of the first full calendar quarter after the
Effective Date and continuing quarterly thereafter pending the sale
of the Property, the holders of Allowed Class 4b Claims will
receive pro rata distributions of Excess Cash, if any. In addition,
within thirty days after the sale of the Property and receipt of
the New Value Contribution, and in full satisfaction, settlement,
release, discharge, and extinguishment of their Claims, the holders
of Allowed Class 4b Claims shall receive their pro rata share of
the Net Sale Proceeds and the New Value Contribution based on the
amount of the Allowed Claim.
Class 4c consists of Convenience Class of General Unsecured Claims
of $1,800 or less that do not opt out of Class 4c. On the Effective
Date, the Debtor will make a cash payment equal to 90% of the
Allowed Class 4c General Unsecured Claims in full and complete
payment, satisfaction, settlement, release, discharge and
extinguishment of the Claims in this Class. Holders of Allowed
Class 4c General Unsecured Claims shall not be entitled to any
further distributions under the Plan. The allowed unsecured claims
total $19,558.
Class 5 consists of Equity interest held by KMBG, LLC. Interest
Holders will retain their interest in the Reorganized Debtor. On
the Effective Date, KMBG will become obligated to make the New
Value Contribution. The KMBG Property will be listed for sale at
the same time as the Property.
The Plan will be funded by a combination of cash on hand as of the
Effective Date, Excess Cash from the operation of the winery
pending the sale of the Property, the Net Sale Proceeds, and the
New Value Contribution.
To the extent that they are not listed for sale prior to the
Effective Date, within ten business days after the Effective Date,
the Reorganized Debtor and KMBG will list the Property and KMBG
Property for sale. Pending the sale of the Property and receipt of
the New Value Contribution, payments under the Plan will be funded
from Cash on Hand and the Reorganized Debtor's operations.
As reflected in the Projections, Distributions to the Holders of
Administrative Claims, Professional Fee Claims, Priority Tax
Claims, and the Class 4c Convenience Class will be paid by the
Reorganized Debtor from its Cash on Hand on the Effective Date. The
Holders of Allowed Class 4a and 4b Claims will receive quarterly
payments of Excess Cash, if any, pending the sale of the Property
and the receipt of the New Value Contribution, at which time they
will be Paid in Full in accordance with the Plan.
A full-text copy of the First Amended Disclosure Statement dated
September 17, 2025 is available at https://urlcurt.com/u?l=rbiXOq
from PacerMonitor.com at no charge.
Adelaida Cellars, Inc. is represented by:
Hamid R. Rafatjoo, Esq.
RAINES FELDMAN LITTRELL LLP
1900 Avenue of the Stars, 19th Floor
Los Angeles, CA 90067
Telephone: (310) 440-4100
Facsimile: (310) 691-1367
About Adelaida Cellars
Adelaida Cellars, Inc. is a family-owned and operated winery in
Paso Robles, Calif.
Adelaida Cellars sought Chapter 11 petition (Bankr. C.D. Calif.
Case No. 24-11409) on December 13, 2024, with $10 million to $50
million in both assets and liabilities. Nicholas D. Rubin, chief
restructuring officer of Adelaida Cellars, signed the petition.
Judge Ronald A Clifford, III oversees the case.
The Debtor is represented by Hamid R. Rafatjoo, Esq., at Raines
Feldman Littrell, LLP.
AGDP HOLDING: Committee Seeks to Tap Morris James as Co-Counsel
---------------------------------------------------------------
The official committee of unsecured creditors appointed in the
Chapter 11 cases of AGDP Holding, Inc. and its affilaites seeks
approval from the U.S. Bankruptcy Court for the District of
Delaware to employ Morris James LLP as co-counsel.
The firm will render these services:
(a) provide legal advice and assistance to the committee in
its consultations with the Debtors relative to their administration
of their reorganization;
(b) review and analyze all applications, motions, orders,
statements of operations and schedules filed with the court by the
Debtors or third parties, advise the committee as to their
propriety, and, after consultation with the committee, take
appropriate action;
(c) prepare necessary legal papers on behalf of the
committee;
(d) represent the committee at hearings held before the court
and communicate with it regarding the issues raised, as well as the
decisions of the court; and
(e) perform other legal services for the committee which may
be reasonably required in this proceeding.
The firm will be paid at these hourly rates:
Eric Monzo, Partner $905
Brya Keilson, Partner $850
Jason Levin, Associate $525
Siena Cerra, Associate $425
Stephanie Lisko, Paralegal $385
Douglas Depta, Paralegal $385
Jessica O'Connor, Paralegal $385
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Monzo disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Eric J. Monzo, Esq.
3205 Avenue North Blvd., Suite 100
Wilmington, DE 19803
Telephone: (302) 888-6800
Facsimile: (302) 571-1750
Email: emonzo@morrisjames.com
About AGDP Holding Inc.
AGDP Holding Inc. and its affiliates operate a multi-space
entertainment venue complex in North America, hosting large-scale
live events such as concerts, festivals, corporate functions, and
multimedia shows. The Debtors are known for their advanced
audiovisual production capabilities, including a 2022 upgrade
featuring one of the world's highest-resolution video walls.
AGDP Holding Inc. and its affiliates sought relief under Subchapter
V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead
Case No. 25-11446) on August 4, 2025. The case is jointly
administered in Case No. 25-11446. In the petitions signed by Gary
Richards, chief executive officer, AGDP Holding disclosed up to
$100 million in estimated assets and up to $500 million in
estimated liabilities.
Judge Mary F. Walrath oversees the cases.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as counsel;
Triple P TRS, LLC as financial advisor; and Triple P Securities,
LLC as investment banker. Kurtzman Carson Consultants, LLC, doing
business as Verita Global, is the Debtors' claims and noticing
agent.
On August 18, 2025, the United States Trustee for Region 3
appointed an official committee of unsecured creditors in these
Chapter 11 cases. The committee tapped Orrick, Herrington &
Sutcliffe LLP and Morris James LLP as counsel and IslandDundon LLC
as financial advisor.
AGDP HOLDINGS: Committee Hires IslandDundon as Financial Advisor
----------------------------------------------------------------
The official committee of unsecured creditors appointed in the
Chapter 11 cases of AGDP Holding, Inc. and its affilaites seeks
approval from the U.S. Bankruptcy Court for the District of
Delaware to employ IslandDundon LLC as financial advisor.
The firm's services include:
(a) assist in the analysis, review, and monitoring of the
restructuring process;
(b) develop a complete understanding of the Debtors'
businesses and their valuations;
(c) determine whether there are viable alternative paths for
the disposition of the Debtors' assets from those currently or in
the future proposed by any;
(d) monitor and, to the extent appropriate, assist the Debtors
in efforts to develop and solicit transactions that would support
unsecured creditor recovery;
(e) assist the committee in identifying, valuing, and pursuing
estate causes of action;
(f) assist the committee to analyze, classify and address
claims against the Debtors and to estimate (in any formal or
informal sense) the different claims pools;
(g) assist the committee to identify, preserve, value, and
monetize tax assets of the Debtors, if any;
(h) advise the committee in negotiations with the Debtors,
certain of their lenders, and third parties;
(i) assist the committee in reviewing the Debtors' financial
reports;
(j) assist the committee in reviewing the Debtors'
cost/benefit analysis with respect to the assumption or rejection
of various executory contracts and leases;
(k) review and provide analysis of debtor-in-possession
financing, actual-budget variances, and liquidity;
(l) assist the committee in evaluating and analyzing avoidance
actions;
(m) evaluate the Debtors' leases and past, present, and future
infrastructure;
(n) review and provide analysis of any proposed disclosure
statement and Chapter 11 plan and, if appropriate, assist the
committee in developing an alternative Chapter 11 plan;
(o) attend meetings and assist in discussions with the
committee, the Debtors, the secured lenders, the U.S. Trustee and
other parties-in-interest and professionals;
(p) present at meetings of the committee, as well as meetings
with other key stakeholders and parties;
(q) provide testimony on behalf of the committee as and when
may be deemed appropriate; and
(r) perform other advisory services for the committee as may
be necessary or proper in these proceedings.
The firm will be paid at these hourly rates:
Principal $1,090
Managing Director $960
Senior Director $850
Director $755
Associate Director $650
Senior Associate $495
Associate $350
Peter Hurwitz, a principal at IslandDundon, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Peter Hurwitz
IslandDundon LLC
10 Bank Street, Suite 1100
White Plains, NY 10601
About AGDP Holding Inc.
AGDP Holding Inc. and its affiliates operate a multi-space
entertainment venue complex in North America, hosting large-scale
live events such as concerts, festivals, corporate functions, and
multimedia shows. The Debtors are known for their advanced
audiovisual production capabilities, including a 2022 upgrade
featuring one of the world's highest-resolution video walls.
AGDP Holding Inc. and its affiliates sought relief under Subchapter
V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead
Case No. 25-11446) on August 4, 2025. The case is jointly
administered in Case No. 25-11446. In the petitions signed by Gary
Richards, chief executive officer, AGDP Holding disclosed up to
$100 million in estimated assets and up to $500 million in
estimated liabilities.
Judge Mary F. Walrath oversees the cases.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as counsel;
Triple P TRS, LLC as financial advisor; and Triple P Securities,
LLC as investment banker. Kurtzman Carson Consultants, LLC, doing
business as Verita Global, is the Debtors' claims and noticing
agent.
On August 18, 2025, the United States Trustee for Region 3
appointed an official committee of unsecured creditors in these
Chapter 11 cases. The committee tapped Orrick, Herrington &
Sutcliffe LLP and Morris James LLP as counsel and IslandDundon LLC
as financial advisor.
AGDP HOLDINGS: Panel Seeks to Hire Orrick Herrington as Counsel
---------------------------------------------------------------
The official committee of unsecured creditors appointed in the
Chapter 11 cases of AGDP Holding, Inc. and its affilaites seeks
approval from the U.S. Bankruptcy Court for the District of
Delaware to employ Orrick, Herrington & Sutcliffe LLP as counsel.
The firm's services include:
(a) advise the committee with respect to its rights, powers
and duties in these cases;
(b) assist, advise, and represent the committee in analyzing
the Debtors' assets and liabilities;
(c) assist and advise the committee with regarding to any
proposed sale(s) or disposition(s) of the Debtors' assets;
(d) attend meetings and negotiate with the representatives of
the Debtors;
(e) assist and advise the committee in its examination and
analysis of the conduct of the Debtors' affairs;
(f) investigate and determine the value of unencumbered
assets;
(g) analyze and negotiate the budget and monitor the Debtors'
financial performance in Chapter 11;
(h) assist and advise the committee with respect to its
communications with the general unsecured creditor body regarding
significant matters in these cases;
(i) review and and analyze the work product of the Debtors'
management and advisors and report to the Committee;
(j) provide the committee with legal advice in relation to the
Chapter 11 cases;
(k) take all necessary action to protect and preserve the
interests of unsecured creditors;
(l) prepare and file on behalf of the committee all necessary
legal papers in support of positions taken by the committee;
(m) appear, as appropriate, before this court, the appellate
courts, and other courts in which matters may be heard and to
protect the interests of the committee before said courts and the
U.S. Trustee;
(n) review and analyze discovery documents provided by the
Debtors and other parties in interest in connection with the
committee's investigations;
(o) perform such other legal services in these cases as may be
required and are deemed to be in the interests of the committee and
unsecured creditors in accordance with its powers and duties as set
forth in the Bankruptcy Code; and
(p) advise and assist with respect to other matters as the
committee may request from time to time, in each case without
duplication of the services of its Delaware counsel, Morris James
LLP, or any other committee professional.
The firm's hourly rates are as follows:
Nicholas Poli, Partner $1,341
Mark Franke, Of Counsel $1,314
Brandon Batzel, Senior Associate $1,278
Ari Roytenberg, Senior Associate $1,278
Michael Trentin, Senior Associate $1,224
Nick Sabatino, Senior Associate $1,201
Jenna MacDonald Busche, Managing Associate $1,116
Daniel Carnie, Associate $873
Andrew Nisco, Law Clerk $796
Paraprofessionals $243 - $544
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Franke disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Mark Franke, Esq.
Orrick, Herrington & Sutcliffe LLP
51 West 52nd Street
New York, NY 10019
Telephone: (212) 506-5000
Facsimile: (212) 506-5151
Email: mfranke@orrick.com
About AGDP Holding Inc.
AGDP Holding Inc. and its affiliates operate a multi-space
entertainment venue complex in North America, hosting large-scale
live events such as concerts, festivals, corporate functions, and
multimedia shows. The Debtors are known for their advanced
audiovisual production capabilities, including a 2022 upgrade
featuring one of the world's highest-resolution video walls.
AGDP Holding Inc. and its affiliates sought relief under Subchapter
V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead
Case No. 25-11446) on August 4, 2025. The case is jointly
administered in Case No. 25-11446. In the petitions signed by Gary
Richards, chief executive officer, AGDP Holding disclosed up to
$100 million in estimated assets and up to $500 million in
estimated liabilities.
Judge Mary F. Walrath oversees the cases.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as counsel;
Triple P TRS, LLC as financial advisor; and Triple P Securities,
LLC as investment banker. Kurtzman Carson Consultants, LLC, doing
business as Verita Global, is the Debtors' claims and noticing
agent.
On August 18, 2025, the United States Trustee for Region 3
appointed an official committee of unsecured creditors in these
Chapter 11 cases. The committee tapped Orrick, Herrington &
Sutcliffe LLP and Morris James LLP as counsel and IslandDundon LLC
as financial advisor.
ALEON METALS: Texas Enviro Agency Fights Bankruptcy Permits Sale
----------------------------------------------------------------
Emily Lever of Law360 Bankruptcy Authority reports that a Texas
environmental regulator urged the bankruptcy court to block Aleon
Metals' proposed asset sale, arguing the company is attempting to
transfer environmental permits that cannot legally be sold while
avoiding related liabilities.
About Aleon Metals LLC
Aleon Metals, LLC own and operate a multipurpose solid waste
disposal facility in Freeport, Texas, specializing in the
extraction and refinement of metals used in the energy industry.
They focus on processing spent catalysts from petroleum refining to
recover vanadium and molybdenum, which have a range of chemical
and
industrial applications. The Debtors are also developing a
hydrometallurgical recycling process for lithium-ion batteries that
would convert aluminum waste from its catalyst recycling operations
into battery-grade materials for cathode production.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90305) on August
17, 2025. In the petition signed by Roy Gallagher, chief
restructuring officer, the Debtor disclosed up to $500 million in
both assets and liabilities.
Judge Christopher M. Lopez oversees the case.
The Debtors tapped Morrison & Foerster, LLP as bankruptcy counsel;
Norton Rose Fulbright US, LLP as local counsel; Ankura Consulting
Group, LLC as restructuring and financial advisor; Jefferies, LLC
as investment banker; and Stretto, Inc. as claims and noticing
agent.
ALVIN'S COURIER: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
Alvin's Courier Service, Inc. received interim approval from the
U.S. Bankruptcy Court for the Middle District of Alabama to use
cash collateral pending the final hearing on September 30.
The interim order authorized the Debtor to use cash collateral,
which consists of cash, deposits, receivables, and the proceeds
thereof, to pay operating expenses.
Secured creditors will be provided with adequate protection through
replacement liens for any diminution in value of their liens.
The interim order authorized the Debtor to escrow funds for the
Subchapter V trustee's fees.
About Alvin's Courier Service Inc.
Alvin's Courier Service Inc. is a transportation company providing
courier and delivery services in the Montgomery, Alabama area.
Alvin's Courier Service Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Ala. Case No. 25-31975) on August
21, 2025. In its petition, the Debtor reports estimated assets
between $100,000 and $500,000 and estimated liabilities between
$500,000 and $1 million.
Judge Christopher L. Hawkins oversees the case.
Anthony B. Bush, Esq., at the Bush Law Firm, LLC, represents the
Debtor as bankruptcy counsel.
APOLLO CONSTRUCTION: Gets Interim OK to Use Cash Collateral
-----------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, entered an interim order granting Apollo Construction &
Engineering Services, Inc. approval to use cash collateral pending
a further hearing on October 9.
The interim order signed by Judge Catherine Peek McEwen authorized
the Debtor to use cash collateral to pay the amounts expressly
authorized by the court, including payments to the U.S. trustee for
quarterly fees; the expenses set forth in the budget; and
additional amounts expressly approved in writing by secured
creditor Thomas Kamprath.
As adequate protection, the Debtor was required to make monthly
payments of $9,000 to Mr. Kamprath, starting this month.
Secured creditors were granted a post-petition lien on cash
collateral to the same extent and with the same validity and
priority as their pre-bankruptcy liens.
The Debtor must also maintain insurance, comply with U.S. Trustee
guidelines, and provide weekly reports, including accounts
receivable aging, budget variances, and cash flow statements.
The order remains effective through October 9, unless the Debtor's
Chapter 11 case is converted or dismissed; a trustee is appointed;
a bankruptcy plan is confirmed; or the Debtor's authority to use
cash collateral is terminated.
The next hearing is scheduled for October 9.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/ofIuE from PacerMonitor.com.
About Apollo Construction & Engineering
Apollo Construction & Engineering Services, Inc. provides
full-service general contracting and construction services across
Florida, specializing in commercial, industrial, and government
projects. Operating since 1987, the Company delivers direct project
accountability, seamless coordination, and union-certified
workforce solutions to support construction of commercial
properties, public infrastructure, healthcare facilities, schools,
and transportation hubs. It holds active state licenses in
mechanical engineering, plumbing and piping, concrete and
structural work, fire protection, and general contracting, offering
end-to-end solutions from planning to build-out.
Apollo filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-06058) on August 25,
2025, with $1,135,031 in assets and $1,931,003 in liabilities.
Ahmed Zahran, vice president of Apollo, signed the petition.
Judge Catherine Peek McEwen presides over the case.
Samantha L. Dammer, Esq., at Bleakley Bavol Denman & Grace
represents the Debtor as legal counsel.
ARCHDIOCESE OF NEW ORLEANS: Expects to End Chapter 11 in December
-----------------------------------------------------------------
Erin Lowrey of WDSU6 News reports that the Archdiocese of New
Orleans' long-running bankruptcy could conclude by the end of 2025,
Archbishop Gregory Aymond said while introducing his successor,
Archbishop-designate James Checchio.
Aymond expects the Chapter 11 case to wrap up in December,
following years of negotiations with clergy abuse survivors,
according to the report.
A settlement plan currently being voted on by roughly 660 survivors
proposes $130 million in cash from the archdiocese and affiliates,
a $20 million promissory note tied to the sale of senior housing
facilities, about $30 million from insurers, and potential future
recoveries exceeding $40 million. It also includes the right to
pursue further claims against non-settling insurer Travelers. The
vote closes October 29, 2025 with results expected by mid-November
2025, according to WDSU6 News.
If approved by two-thirds of survivors, payments could begin in
2026. The plan also requires the archdiocese to adopt binding child
protection measures, including outside oversight, a Survivors Bill
of Rights, and public release of previously secret abuse records.
Survivors' attorneys, however, sharply criticized Checchio's
initial remarks on abuse, calling them dismissive and uninformed,
the report states.
About Roman Catholic Church of
The Archdiocese Of New Orleans
The Roman Catholic Church of the Archdiocese of New Orleans --
https://www.nolacatholic.org/ -- is a non-profit religious
corporation incorporated under the laws of the State of Louisiana.
Created as a diocese in 1793, and established as an archdiocese in
1850, the Archdiocese of New Orleans has educated hundreds of
thousands in its schools, provided religious services to its
churches and provided charitable assistance to individuals in need,
including those affected by hurricanes, floods, natural disasters,
war, civil unrest, plagues, epidemics, and illness. Currently, the
archdiocese's geographic footprint occupies over 4,200 square miles
in southeast Louisiana and includes eight civil parishes:
Jefferson, Orleans, Plaquemines, St. Bernard, St. Charles, St. John
the Baptist, St. Tammany, and Washington.
The Roman Catholic Church for the Archdiocese of New Orleans sought
Chapter 11 protection (Bankr. E.D. La. Case No. 20-10846) on May 1,
2020. The archdiocese was estimated to have $100 million to $500
million in assets and liabilities as of the bankruptcy filing.
Judge Meredith S. Grabill oversees the case.
Jones Walker, LLP and Blank Rome, LLP, serve as the archdiocese's
bankruptcy counsel and special counsel, respectively. Donlin,
Recano & Company, Inc., is the claims agent.
The U.S. Trustee for Region 5 appointed an official committee of
unsecured creditors on May 20, 2020. The committee is represented
by the law firms of Pachulski Stang Ziehl & Jones, LLP and Locke
Lord, LLP. Berkeley Research Group, LLC is the committee's
financial advisor.
AVENTIV TECHNOLOGIES: Prospect Marks $3.2MM 1L Loan at 29% Off
--------------------------------------------------------------
Prospect Floating Rate and Alternative Income Fund, Inc. has marked
its $3,202,711 loan extended to Aventiv Technologies, LLC to market
at $2,287,376 or 71% of the outstanding amount, according to
Prospect's Form 10-K for the fiscal year ending June 30, 2025,
filed with the U.S. Securities and Exchange Commission.
Prospect is a participant in a Third Out Super Priority First Lien
Term Loan to Aventiv Technologies, LLC. The loan accrues interest
at a rate of 9.65% per annum. The loan matures on March 31, 2026.
Prospect was formed as a Maryland corporation on April 29, 2011.
The company is an externally managed, closed-end, non-diversified
management investment firm that has elected to be regulated as a
business development company, under the Investment Company Act of
1940. It has elected to be taxed for U.S. federal income tax
purposes, and intend to qualify annually as a regulated investment
company, under Subchapter M of the Internal Revenue Code of 1986.
The company's adviser manages its portfolio and makes all
investment decisions for the company, subject to supervision by its
Board of Directors.
Prospect is led by M. Grier Eliasek as Chief Executive Officer and
Director, Kristin L. Van Dask as Chief Financial Officer, and
Andrew C. Cooper as Director.
The Fund can be reach through:
M. Grier Eliasek
Prospect Floating Rate and Alternative Income Fund, Inc.
10 East 40th Street, 42nd Floor
New York, NY 10016
Telephone: (212) 448-0702
About Aventiv Technologies, LLC
Aventiv Technologies is a diversified technology company that
provides innovative solutions to customers in the corrections and
government services sectors.
AZUL SA: Plan Exclusivity Period Extended to Jan. 5 Next Year
-------------------------------------------------------------
Judge Sean H. Lane of the U.S. Bankruptcy Court for the Southern
District of New York extended Azul S.A. and affiliates' exclusive
periods to file a plan of reorganization and obtain acceptance
thereof to January 5, 2026 and March 4, 2026, respectively.
As shared by Troubled Company Reporter, the Debtors explain that
they are Brazil's largest airline in terms of departures and cities
served, offering passengers a full service experience to
approximately 137 destinations in Brazil as of the Petition Date,
as well as select international destinations, including in the
United States, Portugal, France, Spain, Argentina, Uruguay,
Paraguay, and Curaçao. Given the magnitude of the Chapter 11
Cases, the Debtors respectfully submit that the extensions
requested herein are appropriate.
The Debtors claim that they continue to make timely payments on
account of their undisputed postpetition obligations as they come
due and, as applicable, in accordance with the terms of the
relevant settlements negotiated during the pendency of the Chapter
11 Cases. As such, this factor also weighs in favor of allowing the
Debtors to extend the Exclusive Periods.
The Debtors expect to be in a position to file a chapter 11 plan in
short order. Having entered chapter 11 with RSAs with the Secured
Ad Hoc Group, AerCap, and the Strategic Partners, the Debtors
continue to diligently negotiate with parties in interest and are
making progress with various constituencies toward reaching
agreements that will further aid their reorganization efforts.
Counsel to the Debtors:
DAVIS POLK & WARDWELL LLP
Marshall S. Huebner, Esq.
Timothy Graulich, Esq.
Joshua Y. Sturm, Esq.
Jarret Erickson, Esq.
Richard J. Steinberg, Esq.
450 Lexington Avenue
New York, New York 10017
Telephone: (212) 450-4000
About Azul S.A.
Azul S.A. (B3: AZUL4, NYSE: AZUL), the largest airline in Brazil by
number of flight departures and cities served, offers 900 daily
flights to over 150 destinations. With an operating fleet of over
200 aircrafts and more than 15,000 Crewmembers, the Company has a
network of 300 non-stop routes. Azul was named by Cirium (leading
aviation data analysis company) as the most on-time airline in the
world in 2023. In 2020, Azul was awarded best airline in the world
by TripAdvisor, the first time a Brazilian flag carrier earned the
number one ranking in the Traveler's Choice Awards. On the Web:
http://www.voeazul.com.br/imprensa
On May 28, 2025, Azul S.A. and 19 affiliated debtors filed
voluntary petitions for relief under Chapter 11 of the United
States Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 25-11176).
The cases are pending before Judge Sean H. Lane.
The Company is supported by Davis Polk & Wardwell LLP, White & Case
LLP, and Pinheiro Neto Advogados as legal counsel; FTI Consulting
as financial advisor; Guggenheim Securities, LLC as investment
banker; SkyWorks Capital LLC as fleet advisor; and FTI Consulting,
C Street Advisory Group, and MassMedia as strategic communications
advisors. Stretto is the claims agent.
The Participating Lenders are supported by Cleary Gottlieb Steen &
Hamilton LLP and Mattos Filho as legal counsel and PJT Partners as
investment banker.
United Airlines is supported by Hughes Hubbard & Reed LLP and
Sidley Austin LLP as legal counsel and Barclays Investment Bank as
investment banker.
American Airlines is supported by Latham & Watkins LLP as legal
counsel.
AerCap is supported by Pillsbury Winthrop Shaw Pittman LLP as legal
counsel.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases. The
Committee retained Willkie Farr & Gallagher LLP as its counsel,
Alvarez & Marsal North America, LLC, as its financial advisor,
Houlihan Lokey Capital, Inc., as its investment banker.
BALAJIO LLC: Gets Interim OK to Use Cash Collateral Until Nov. 4
----------------------------------------------------------------
Balajio, LLC received third interim approval from the U.S.
Bankruptcy Court for the Middle District of Florida, Orlando
Division, to use cash collateral through November 4.
The third interim order signed by Judge Tiffany Geyer authorized
the Debtor to use cash collateral to pay the amounts expressly
authorized by the court, including payments to the U.S. trustee;
the expenses set forth in the budget, plus an amount not to exceed
10% for each line item; and additional amounts subject to approval
by the U.S. Small Business Administration.
The Debtor's budget projects total operational expenses of
$82,296.76 for September and $87,946 for the period from October 1
to November 4.
As adequate protection for the Debtors' use of their cash
collateral, secured creditors will be granted replacement liens on
all assets acquired by the Debtor after its Chapter 11 filing that
are similar to their pre-bankruptcy collateral.
The replacement liens will have the same validity and priority as
the secured creditors' pre-bankruptcy liens.
As additional protection to secured creditors, the Debtor was
ordered to keep its property insured in accordance with their loan
and security agreements.
The next hearing is scheduled for November 4.
As of the petition date, the Debtor had $21,152.58 in its operating
account, which, along with future room revenues, is considered cash
collateral. The SBA may hold a first-priority security interest in
the Debtor's cash and cash equivalents, secured by a $2 million
loan evidenced by a UCC-1 financing statement.
About Balajio LLC
Balajio, LLC operates a hotel in Daytona Beach, Florida.
Balajio sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Fla. Case No. 25-03556) on June 10, 2025, listing
up to $10 million in both assets and liabilities. Sameer M. Patel,
managing member of Balajio, signed the petition.
Judge Tiffany P. Geyer oversees the case.
Justin M. Luna, Esq., at Latham Luna Eden & Beaudine, LLP,
represents the Debtor as legal counsel.
BEAN BROTHERS: Gets Approval to Hire Essex Richards as Counsel
--------------------------------------------------------------
Bean Brothers Real Estate, LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of North Carolina to
employ Essex Richards, PA as counsel.
The firm will render these services:
(a) provide legal advice concerning the responsibilities as a
Chapter 11 Debtor and the continued management of its business;
(b) negotiate, prepare, and pursue confirmation of a Chapter
11 plan and approval of disclosure statement, and all related
reorganization agreements and/or documents;
(c) prepare all necessary motions, applications, reports,
orders, objections and the like associated with prosecuting the
Chapter 11 case;
(d) prepare and appear in Bankruptcy Court to protect the
Debtor's best interests;
(e) perform all other legal services for the Debtor which may
become necessary in this Chapter 11 case; and
(f) prosecute and defend the Debtor in all adversary
proceedings related to the base case.
The firm will be paid at these hourly rates:
John Woodman, Attorney $400
Paralegal $200
Staff $65
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Woodman disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
John C. Woodman, Esq.
Essex Richards, PA
1701 South Blvd.
Charlotte, NC 28203
Telephone: (704) 377-4300
About Bean Brothers Real Estate
Bean Brothers Real Estate, LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. W.D.N.C. Case No. 25-40203) on
September 4, 2025, listing up to $10 million in both assets and
liabilities.
Judge Ashley Austin Edwards handles the case.
John C. Woodman, Esq., at Essex Richards, PA serves as the Debtor's
counsel.
BEAN BROTHERS: Gets OK to Hire Essex Richards as Legal Counsel
--------------------------------------------------------------
Bean Brothers Landscaping, LLC received approval from the U.S.
Bankruptcy Court for the Western District of North Carolina to
employ Essex Richards, PA as counsel.
The firm will render these services:
(a) provide legal advice concerning the responsibilities as a
Chapter 11 Debtor and the continued management of its business;
(b) negotiate, prepare, and pursue confirmation of a Chapter
11 plan and approval of disclosure statement, and all related
reorganization agreements and/or documents;
(c) prepare all necessary motions, applications, reports,
orders, objections and the like associated with prosecuting the
Chapter 11 case;
(d) prepare and appear in Bankruptcy Court to protect the
Debtor's best interests;
(e) perform all other legal services for the Debtor which may
become necessary in this Chapter 11 case; and
(f) prosecute and defend the Debtor in all adversary
proceedings related to the base case.
The firm will be paid at these hourly rates:
John Woodman, Attorney $400
Paralegal $200
Staff $65
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Woodman disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
John C. Woodman, Esq.
Essex Richards, PA
1701 South Blvd.
Charlotte, NC 28203
Telephone: (704) 377-4300
About Bean Brothers Landscaping
Bean Brothers Landscaping, LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. W.D.N.C. Case No. 25-40201) on
September 4, 2025, listing up to $500,000 in both assets and
liabilities.
Judge Ashley Austin Edwards handles the case.
John C. Woodman, Esq., at Essex Richards, PA serves as the Debtor's
counsel.
BEAN BROTHERS: Gets OK to Tap Essex Richards as Bankruptcy Counsel
------------------------------------------------------------------
Bean Brothers Hardware & Supply, LLC received approval from the
U.S. Bankruptcy Court for the Western District of North Carolina to
employ Essex Richards, PA as counsel.
The firm will render these services:
(a) provide legal advice concerning the responsibilities as a
Chapter 11 Debtor and the continued management of its business;
(b) negotiate, prepare, and pursue confirmation of a Chapter
11 plan and approval of disclosure statement, and all related
reorganization agreements and/or documents;
(c) prepare all necessary motions, applications, reports,
orders, objections and the like associated with prosecuting the
Chapter 11 case;
(d) prepare and appear in Bankruptcy Court to protect the
Debtor's best interests;
(e) perform all other legal services for the Debtor which may
become necessary in this Chapter 11 case; and
(f) prosecute and defend the Debtor in all adversary
proceedings related to the base case.
The firm will be paid at these hourly rates:
John Woodman, Attorney $400
Paralegal $200
Staff $65
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Woodman disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
John C. Woodman, Esq.
Essex Richards, PA
1701 South Blvd.
Charlotte, NC 28203
Telephone: (704) 377-4300
About Bean Brothers Hardware & Supply
Bean Brothers Hardware & Supply, LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. W.D.N.C. Case No. 25-40202) on
September 4, 2025, listing up to $1 million in both assets and
liabilities.
Judge Ashley Austin Edwards handles the case.
John C. Woodman, Esq., at Essex Richards, PA serves as the Debtor's
counsel.
BEYOND PULSE: Hires Michael D. O'Brien & Associates as Counsel
--------------------------------------------------------------
Beyond Pulse, Inc. seeks approval from the U.S. Bankruptcy Court
for the District of Oregon to employ Michael D. O'Brien &
Associates PC as counsel.
The firm's services include:
(a) negotiate financing orders;
(b) obtain authorization for use of cash collateral;
(c) review and evaluate the status and validity of secured
claims;
(d) litigate implementing their avoidance powers; and
(e) formulate a plan of reorganization.
The firm will be paid at these hourly rates:
Michael O'Brien, Partner $495
Theodore Piteo, Partner $450
Associate Attorney $300
Lauren Gary, Paralegal $125
Hugo Zollman, Senior Paralegal $185
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a total retainer of $40,000 from the Debtor.
Mr. Piteo disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Theodore J. Piteo, Esq.
Michael D. O'Brien & Associates PC
7609 SW Beveland Rd.
Portland, OR 97223
About Beyond Pulse
Beyond Pulse, Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ore. Case No. 25-33088) on Sept. 15,
2025, listing up to $50,000 in assets and up to $1 million in
liabilities.
Judge Peter C. McKittrick oversees the case.
Theodore J. Piteo, Esq., at Michael D. O'Brien & Associates PC
serves as the Debtor's counsel.
BIRDSBORO POWER: S&P Assigns Prelim 'BB-' Rating on Term Loan B
---------------------------------------------------------------
S&P Global Ratings assigned its preliminary 'BB-' rating and '3'
recovery rating to Birdsboro Power LLC's (Birdsboro) $325 million
senior secured term loan B (TLB).
The company will use the proceeds to repay its existing $210
million of debt outstanding and pay approximately $110 million in
distributions to owners along with transaction fees.
S&P said, "Based on our view of industry factors and market-driven
variables, such as power demand and the pace and magnitude of the
retirement of uneconomical units, as well as commodity and capacity
pricing, we forecast Birdsboro will achieve a debt service coverage
ratio (DSCR) of about 2x or higher during the TLB period. Our
minimum DSCR of 1.42x occurs in the refinancing period, when we
assume a fully amortizing structure by 2046 at higher interest
costs, leading to a median DSCR of 1.45x.
"The '3' recovery rating indicates our expectation for meaningful
(65%, rounded estimate) recovery in a hypothetical default
scenario.
"The stable outlook on Birdsboro's senior debt reflects our
expectation for robust cash flow over the next 12-24 months because
of our assumption of higher forward power prices, higher cleared
Pennsylvania-New Jersey-Maryland Interconnection (PJM) capacity
prices in the 2026-2027 auction and our assumptions of capacity
factors of 80%-85% in the near term. Based on these assumptions, we
project a total TLB balance of $170 million-$175 million at
maturity in 2032."
Birdsboro project is a 485 megawatt (MW) natural gas fired 1x1
combined-cycle plant located in Birdsboro Borough, Penn., in the
METED (Mid-Atlantic) subregion of PJM. Birdsboro achieved
commercial operations on May 30, 2019.
The project is equally owned among Strategic Value Partners (SVP;
33.3%; not rated), Tokyo Gas (33.3%; (A+/Stable), and Sojitz
(33.3%; BBB/Stable), where SVP is the managing partner.
S&P said, "The highly efficient, relatively new vintage facility
benefitting from pent-up demand for its generation underpins our
'BB-' senior debt rating. We expect strong capacity factors and
elevated energy margin will lead to DSCRs at or above 2x over the
TLB period. We expect Birdsboro will benefit from increased power
demand amid surging data center growth and limited supply side
response during the TLB period." Retiring thermal fleets create
opportunities for efficient generators, like Birdsboro, to provide
dispatchable generation at scale required to meet the growing
reliability needs in the PJM market.
Birdsboro is an efficient 485 MW CCGT with an average five-year
heat rate of 6,424 Btu/kWh, positioning it at the lower end of the
PJM supply curve. The plant operates in the data center corridor of
eastern Pennsylvania and achieved capacity factors for the last 12
months and full-year 2024 of 90% and 87%, respectively, which S&P
thinks is a key credit strength.
Pennsylvania is one of the largest exporters of electricity in PJM
and does not participate in the Regional Greenhouse Gas Initiative
(RGGI), which offers Birdsboro a regional advantage. S&P forecasts
the plant will generate capacity factors of 80%-85% during the TLB
period, except for 2027, when the plant has scheduled major
maintenance and is expected to be out of service for the months of
September and October, resulting in capacity factors of about 70%
for that year.
Birdsboro's regional advantages are somewhat offset by basis
difference. It sells power to the METED power zone, while its node
historically traded at a 4%-7% discount to the METED zone,
resulting in lower spark spread. The nodal discount was primarily
attributed to congestion. However, over the past few years when the
plant began its commercial operation, the marginal loss component
also contributed to an increase in the negative basis. Key drivers
of this discount include constraints on the Nottingham-Peach bottom
line, the Three Mile Island transformer, and the Messick–Ridgeley
line.
The plant utilizes spark spread hedging, where the forward power
price is indexed to the METED zone. To mitigate the basis risk, the
project hedges the basis risk with financial transmission rights
(FTRs), which settle as a financial contract for the congestion
price differences between a specified source and destination, i.e.,
METED and Birdsboro node. The project has hedged 200 MW (or about
60% of expected generation) for the last quarter of 2025 at an
average spark spread of $19.45/MWh, which is at a premium of
forward spark spread based on our forward power and gas prices for
the fourth quarter of 2025.
Additionally, the project entered FTRs for the last quarter of the
year at an average contract price of about $3.2/MWh, which
represents the cost of congestion on transmission lines. Therefore,
Birdsboro locked its realized spark spread to $16.25/MWh on the
hedged generation.
As part of its hedging strategy, Birdsboro's asset manager plans to
hedge approximately 275 MW of the plant's capacity in the following
year, or about 57% of its annual production, leaving about 43% of
its generation open for price hikes. Under S&P's base-case
forecast, it applies a 6%-7% nodal discount to the forward prices
at the METED zone in the next two to three years, resulting in an
about $3.2/MWh spark spread difference between Birdsboro and the
forecasted market spark spread, which is consistent with most
recent negative basis.
S&P said, "We note PJM approved an approximately $5 billion package
for grid enhancements, including new substations, transmission
lines, and improvements to existing facilities, to meet system
needs until 2028 and beyond, which could lower the transmission
cost for Birdsboro. In the near term until 2030, we forecast
elevated clean spark spreads of $17-$18/MWh, based on our forward
curve prices and our expectations for increase demand and load
growth in a constrained market causing a strong price power price
response.
"However, in the long term given our expectation for entry of more
efficient and low marginal cost renewable generation, we expect
market heat rates to drop and Birdsboro's clean spark spreads to
weaken with an average clean spark spread of about $14/MWh in
2032-2046.
"We believe the project has a limited credit cushion at the current
rating due to moderate debt leverage. Our minimum DSCR of 1.42x
occurs during the refinancing period, when we expect $170
million-$175 million of outstanding debt will be fully amortized
until 2046 (the end of project life) at higher interest costs. We
believe the uncertain market conditions during the refinancing
period (2033-2046) and refinancing risk are partially mitigated by
the moderate debt burden."
Birdsboro's debt per KW is $670, which is lower than Hill Top
(BB-/Stable) at $758 and Potomac Energy Center (BB-Stable) at $678,
but higher than South Field Energy (BB-/Stable) at $647 and CPV
Fairview (BB-/Stable) at $524. Like Hill Top, Birdsboro uses the
same GE 7HA.02 technology in a single shaft configuration.
Birdsboro's minimum DSCR is also in line with Hill Top and Potomac
Energy Center, while these peers have slightly higher median DSCRs
than Birdsboro.
The proposed TLB structure requires a 75% cash flow sweep for
leverage above 3.50x, reduced to 50% and 25% if net leverage is
below 3.50x and 2.50x, respectively. Although excess cash flow
sweeps result in meaningful deleveraging during the TLB period for
Birdsboro (about $130 million- $135 million, excluding required
amortization, or 40% of the original issue $325 million), the
project structure allows for maximum annual tax distributions of $5
million, which can be paid before cash flow sweeps, therefore
reducing cashflow sweeps. S&P has incorporated the maximum amount
of tax distributions of $5 million before cash flow sweeps in its
forecast during the TLB period.
Birdsboro has generally performed well except for several operating
outages between 2022 and 2023. Management is planning sizable
capital spending in 2026 and 2027 to mitigate potential operational
disruptions, leading to higher operating leverage compared with
peers. Birdsboro experienced two extended outages in 2022 and 2023,
which reduced availability, production, and cash flows. The outage
in December 2022-January 2023 led to nonperformance penalties
during Winter Storm Elliot. Birdsboro will be spending
approximately $15.6 million in 2026 and $13.5 million in 2027 on
capital expenditure (capex) and major maintenance costs for rotor
replacement, stocking on critical spare parts for the balance of
the plant, and plant performance optimization upgrades (Birdsboro
met the PJM summer capacity test with the performance upgrade).
S&P said, "After 2027, we expect the project's capex and major
maintenance costs will normalize to an annual average of about $7.5
million, reflecting preventative spending on critical spare parts
for inventory and ancillaries to the turbines and generators to
mitigate operational disruptions. We believe Birdsboro has layers
of protections in place to prevent major outages, including
long-term customer service agreement with GE that covers the
combustion and steam turbine generators, and operations and
maintenance contract with NAES Corp. We believe the rotor
replacement in 2027, coupled with following operating protocol
recommended by GE, should mitigate potential issues."
The plant was in forced outage from Jan. 15, 2022, to Feb. 2, 2023,
due to the loss of the 230 kV(kilovolt) "B" phase at the Boonetown
Switchyard from a compressor power outage, which was remediated by
new original equipment manufacturers (OEMs), and the issue is
considered closed. In addition, a high-pressure bypass valve failed
in December 2022, adding 157 forced outage hours between December
2022 and January 2023. The valve and stem were replaced, resolving
the issue, and the plant added those parts as critical spare
inventory. As a result, the plant could not operate at full
capacity during Winter Storm Elliott, leading to about $11 million
in adjusted penalties for performance event.
Also, in the second quarter of 2023, the plant was in scheduled
outage due to its hot gas path inspection, when a small crack in
the turbine cover plate was discovered--a known issue identified by
GE for all 7HA.02 models, for which GE issued Technical Information
Letter (TIL) 2333 recommending a rotor replacement. Birdsboro has
purchased a refurbished rotor per GE recommendation and will be
replacing the rotor during 2027 major maintenance scheduled for
October and November 2027.
Birdsboro features GE 7HA.02 new and proven technology, which is
partially offset by limited redundancy. The GE 7HA.02 model is a
newer generation of the GE CTG based on mature technologies with a
goal of improving plant efficiency and reducing emissions. This
model has minimal technological risks because it is considered
commercially proven. Model 7HA.02 has approximately nine years of
commercial operating history and the fleet has achieved over 2.2
million operating hours.
Birdsboro is configured in a single-shaft, combined-cycle
arrangement, where both the CT and ST drive a single common
generator. The advantage of a single-shaft design is a reduced
number of generators and smaller plant footprint, which slightly
improves efficiency. The disadvantages are the reduction of
redundancy (the generator is a single point of failure) and the
incorporation of an additional and relatively high maintenance
piece of rotary equipment (the clutch). S&P believes the limited
redundancy exposes the project to operating and financial risk.
S&P said, "The stable outlook on Birdsboro's debt reflects our
expectation for robust cash flow over the next 12-24 months because
of our expectation for higher forward power prices, higher cleared
PJM capacity prices in the 2026-2027 auction, and our assumptions
of capacity factors of 80%-85% in the near term. We expect the
project will achieve DSCRs at or above 2x during the TLB period.
After this period, we expect portfolio cash flow will gradually
decline because we assume Birdsboro will become less competitive
with the entry of more efficient technology and renewable
generation, reducing production and cash flow. Our minimum DSCR of
1.42x occurs during the post-TLB period, when we assume a fully
amortizing structure at a relatively higher interest margin."
S&P could lower its rating on Birdsboro's debt if a combination of
these factors reduces minimum DSCRs to less than 1.40x on a
sustained basis:
-- Higher-than-expected operating outages, reduced utilization,
and performance penalties.
-- Lower-than-expected realized energy margin or weaker demand
because of a less favorable market outlook.
-- Higher-than-expected operating costs and major maintenance
expenses leading to reduced cash flows.
It is unlikely that S&P raises the debt rating in the near term due
to the single-asset nature of the project and limited operating
redundancy. However, S&P could raise the rating if:
-- S&P expects the project will maintain a minimum base-case DSCR
greater than 1.80x in all years, including the post-refinancing
period; and
-- S&P has a qualitative view that the project can be rated in the
'BB' category given its single-asset nature and exposure to
inherent power price volatility, operational risk, and refinancing
risk.
S&P would expect such outcomes to occur if the project's financial
performance and debt repayment well exceed its forecast on a
sustained basis. This could be due to factors such as improved
energy margins, higher dispatch, and substantially improved
capacity pricing, leading to lower-than-expected debt outstanding
at the time of the TLB's maturity, as well as a track record of
decreasing debt per kW.
BLACKFIN PIPELINE: S&P Assigns 'B+' Rating on Senior Secured Debt
-----------------------------------------------------------------
S&P Global Ratings assigned its B+' rating to Blackfin Pipeline
LLC's senior secured debt.
S&P said, "Our recovery rating '2' indicates our expectations of
meaningful (70%-80%, rounded estimate: 75%) recovery in the event
of default.
"The stable outlook reflects our expectation that the project will
generate predictable cash flow available for debt service (CFADS),
with minimum debt-service coverage ratio (DSCR) of about 1.3x
during the refinancing period starting in 2032."
Blackfin Pipeline LLC is a joint venture between WhiteWater
Development LLC and Venture Global LNG Inc. The 195-mile intrastate
pipeline extends the Matterhorn Express system and will connect
with CP Express, a 93-mile lateral under construction. The pipeline
system will deliver natural gas feedstock to CP2 LNG in Cameron
Parish, La., once the terminal begins service in March 2027. Both
CP Express and the CP2 LNG export terminal are wholly owned by
Venture Global.
Blackfin consists of a 160-mile, 48-inch mainline, the 35-mile
Sheridan Lateral, and the short Matterfin lateral that links
Blackfin to Matterhorn. Blackfin's Phase 1 is scheduled for
completion in October 2025, with Phase 2, limited to compression
additions already in fabrication, due in June 2026. Construction of
Phases 1 and 2 is currently about 91% complete.
Blackfin's credit profile is anchored by its 20-year take-or-pay
TSA with CP2 LNG, a large-scale liquefied natural gas (LNG) export
terminal with Phase 1 designed for 17.3 million tons per annum
(mtpa) of liquefaction capacity, expandable to 28 mtpa. Because CP2
LNG is the sole shipper, Blackfin's rating is capped at CP2's
credit quality.
The project is issuing a $425 million TLA due in 2030, $1.050
billion TLB due in 2032, and $75 million RCF used for debt service
reserve requirement. Proceeds from the issuance will cover
remaining project costs and reimburse sponsors for prior project
expenditures.
S&P said, "Our 'BB+' senior debt rating reflects our assessment of
both the construction and operation phases of Blackfin (we use the
lower of the two ratings), the predictability of its cash flow
profile given the 20-year TSA, as well as the credit quality of its
sole shipper CP2 LNG.
"The rating on Blackfin is subject to a criteria exception. Our
project finance methodology requires any counterparty dependency
assessment (CDA) be based on an issuer credit rating. Because CP2
LNG is a material and irreplaceable counterparty, a CDA is required
for the rating of Blackfin. CP2 LNG is rated under our project
finance methodology and as such, is assigned an issue credit
rating, not an issuer credit rating. The approved exception permits
the use of the issue credit rating of CP2 LNG as a proxy for its
creditworthiness in this case.
"The stable outlook reflects our expectation that construction of
the Blackfin Pipeline Phase 2 will be completed on time in June
2026 and within budget. Once operational, the project will benefit
from its long-term transportation service agreement with CP2 LNG,
which underpins its fixed revenue and CFADS profile over the
20-year contract term. We forecast a minimum DSCR of 1.31x in 2032,
supported by the contractual take-or-pay structure."
S&P could take a negative rating action on Backfin if:
-- The credit quality of its sole shipper, CP2 LNG, weakens due to
construction delays or other adverse factors, or
-- The project's minimum DSCR falls to 1.15x or lower, potentially
from an increase in operating expenditure that is not offset by
higher transportation tariffs.
S&P could raise the rating on Blackfin if:
-- Credit quality of CP2 LNG improves to the point that it no
longer constrains Blackfin's credit quality, and
-- Blackfin's stand-alone credit profile, prior to the impact of
CP2 LNG counterparty exposure, remains at least 'BBB-' or
strengthens further.
BLH TOPCO: Shuts Down Arlington Location After Chapter 11 Filing
----------------------------------------------------------------
Ella Gonzales of Fort Worth Star Telegram reports that Bar Louie
has shuttered its Arlington gastrobar, one of several closures
following the Dallas-based chain's March 2025 Chapter 11 filing.
The company, which operates corporate-owned locations, previously
underwent bankruptcy in 2020, according to the report.
Court filings show the chain has already closed restaurants in
Allen and at The Shops at Park Lane in Dallas. The Arlington site,
located along Interstate 20 near Matlock Road, has now joined
them.
Bar Louie said in March 2025 its restaurants would continue
operating during the restructuring, but of the 10 Texas locations
it once operated, only four remain—in Irving, DFW Airport, Round
Rock, and Katy.
About BLH TopCo
BLH TopCo, LLC is the operator and franchisor of locally themed,
social gastrobars under the "Bar Louie" brand. Bar Louie is an
upscale neighborhood bar and eatery. Established in 1991 in
Chicago, Ill., BLH TopCo and its affiliates currently operate 31
locations, franchise an additional 17, and employ roughly 1,400
individuals across 19 states. Bar Louie restaurants are situated in
various settings, such as lifestyle centers, conventional shopping
malls, event venues, central business districts, and other unique
standalone locations.
BLH TopCo and its affiliates filed Chapter 11 petitions (Bankr. D.
Del. Lead Case No. 25-10576) on March 26, 2025. In its petition,
BLH TopCo reported between $1 million and $10 million in assets and
between $50 million and $100 million in liabilities.
Judge Craig T. Goldblatt handles the cases.
The Debtors are represented by Thomas J. Francella, Jr., Esq., and
Mark W. Eckard, Esq., attorneys at Raines Feldman Littrell, LLP.
Bankruptcy Management Solutions, Inc., doing business as Stretto,
serves as the Debtors' claims and noticing agent.
BOOKS INC: Gets Court Approval for $3.25MM Sale to Barnes & Noble
-----------------------------------------------------------------
Ben Zigterman of Law360 reports that Barnes & Noble won approval
Wednesday, September 24, 2025, to acquire Books Inc., California's
oldest independent bookstore chain, in a $3.25 million deal slated
to close October 1, 2025.
About Books Inc.
Books Inc. is the oldest independently owned bookstore in the
western U.S. and operates eleven brick-and-mortar stores in the Bay
Area. In addition to its physical locations, the Company runs an
online store, offering a mix of direct shipping and in-store pickup
for customers. The Company also fosters strong community
engagement, hosting hundreds of author events, book clubs, and
other activities each year.
Books Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-40087 on January 20,
2025, with $3,283,300 in assets and $5,161,574 in liabilities.
Andrew Perham, chief executive officer of Books Inc., signed the
petition.
Judge William J. Lafferty oversees the case.
The Debtor is represented by Stephen D. Finestone, Esq. at
Finestone Hayes, LLP.
BOUNDLESS BROADBAND: Seeks to Extend Plan Exclusivity to Dec. 30
----------------------------------------------------------------
Boundless Broadband, LLC and affiliates asked the U.S. Bankruptcy
Court for the District of Delaware to extend their exclusivity
periods to file a plan of reorganization and obtain acceptance
thereof to December 30, 2025 and February 23, 2026, respectively.
The Debtors explain that having closed on the sale of substantially
all their assets a few days before filing this Motion, the Debtors
are now able to pivot from focusing on the successful sales of
substantially all the Debtors' assets to (i) monetizing the
Debtors' remaining assets and (ii) determining the best path
forward in the Debtors' cases. As a result of the procedural
posture of these cases, the Debtors submit that no party in
interest is able or ready to submit a plan for these chapter 11
cases, and the Debtors should be provided sufficient time to
develop a chapter 11 plan, as necessary and appropriate, that be
best for the Debtors' estates and their creditors.
The Debtors claim that the extension request is reasonable and
consistent with the efficient prosecution of these chapter 11 cases
because it will provide the Debtors with additional time to
consider important issues, negotiate, draft and finalize a plan,
and solicit acceptances. Allowing the Exclusive Periods to lapse
now would defeat the purpose of section 1121 and deprive the
Debtors and their creditors of the benefit of a meaningful and
reasonable opportunity to negotiate a consensual plan.
The Debtors assert that they need additional time to pivot from the
postpetition sale process and focus on monetizing the Debtors’
remaining assets and determining the best path forward for the
Debtors' estates and creditors. The requested extensions of the
Exclusive Periods will provide the Debtors with the time needed to
address these issues and thereby permit the Debtors to focus on
both resolving such issues in a manner that best serves their
estates and creditors and establishing a framework for a viable
path forward without the distraction of a looming exclusivity
deadline.
The Debtors do not believe that the requested extension of the
Exclusive Periods will harm the Debtors' creditors or other parties
in interest. On the contrary, the Debtors have conducted these
cases in an efficient manner, for the benefit of the estates and
the Debtors' creditors and other parties in interest. This is the
Debtors' first motion to extend the Exclusive Periods. The Debtors
are not seeking this extension to prejudice their creditors or to
otherwise pressure creditors to submit to reorganization demands.
Instead, the Debtors intend to use the extended Exclusive Periods
to, among other things, monetize the Debtors' remaining assets,
determine the best exit strategy for these cases, and negotiate
with the Committee and other parties in interest. Thus, because
neither the Debtors' creditors nor any other party in interest will
be prejudiced by the proposed extension of the Exclusive Periods,
the Debtors submit that the relief requested should be approved.
Counsel to the Debtors:
Evan T. Miller, Esq.
Monique B. DiSabatino, Esq.
Paige N. Topper, Esq.
Saul Ewing LLP
1201 N. Market Street, Suite 2300
Wilmington, DE 19801
Tel: (302) 421-6800
Email: evan.miller@saul.com
monique.disabatino@saul.com
paige.topper@saul.com
- and -
Lindsay Zahradka Milne, Esq.
Verrill Dana LLP
One Portland Square, 10th Floor
Portland, ME 04101
Telephone: (207) 774-4000
Email: lmilne@verrill-law.com
About Boundless Broadband
Boundless Broadband, LLC and two of its affiliates sought relief
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.N.J. Lead
Case No. 25-10948) on May 29, 2025. In its petition, Boundless
Broadband disclosed up to $50,000 million in both estimated assets
and liabilities.
The Honorable Bankruptcy Judge Brendan Linehan Shannon handles the
cases.
The Debtors tapped Saul Ewing LLC and Verrill Dana LLP as counsel
and Alastar Partners, LLC as restructuring advisor. The Debtors'
claims and noticing agent is Omni Agent Solutions, Inc.
BOWERS TRUCKING: Hires Fellers Snider Blankenship as Legal Counsel
------------------------------------------------------------------
Bowers Trucking, Inc. seeks approval from the U.S. Bankruptcy Court
for the Western District of Oklahoma to hire Stephen J. Moriarty of
Fellers Snider Blankenship Bailey & Tippens, P.C. to serve as legal
counsel in its Chapter 11 case.
The firm will provide these services:
(a) give the Debtor legal advice with respect to its powers and
duties as debtor in the continuing operation of its business and
management of its property;
(b) prepare on behalf of the Debtor all necessary applications,
answers, orders, pleadings, reports, and other legal papers; and
(c) perform all other legal services for the Debtor which may be
necessary herein.
Mr. Moriarty will receive compensation at his normal hourly rate of
$575, together with such additional compensation as the court may
approve.
Fellers Snider is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Stephen J. Moriarty, Esq.
FELLERS, SNIDER, BLANKENSHIP, BAILEY & TIPPENS, P.C.
100 N. Broadway, Suite 1700
Oklahoma City, OK 73102
Telephone: (405) 232-0621
Facsimile: (405) 232-9659
E-mail: smoriarty@fellerssnider.com
About Bowers Trucking Inc.
Bowers Trucking Inc., d/b/a Bowers Trucking & Logistics,
headquartered in Ponca City, Oklahoma, provides transportation
services across ground, ocean, and air throughout the US, Canada,
and Mexico, including import and export container shipments to
China and Japan. Founded in the early 1960s by Glen C. Bowers to
support his sawmill operations in Fairfax, Oklahoma, the Company
has expanded under subsequent generations to serve large and small
businesses with flatbed freight, commodities, and time-sensitive
shipments. Bowers Trucking focuses on operational standards,
safety, and communication.
Bowers Trucking Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Okla. Case No. 25-12884) on September
18 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Stephen J. Moriarty, Esq. at FELLERS,
SNIDER, BLANKENSHIP, BAILEY & TIPPENS, P.C.
BRAND INDUSTRIAL: BlackRock Debt Marks $3.2MM Loan at 83% Off
-------------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $3,202,000 loan
extended to Brand Industrial Services, Inc to market at $2,667,569
or 17% of the outstanding amount, as of June 30, 2025, according to
a disclosure contained in BlackRock Debt's Form N-CSR for the
Fiscal year ended June 30, 2025, filed with the Securities and
Exchange Commission.
BlackRock Debt is a participant in a 2024 Term Loan B to Brand
Industrial Services, Inc. The loan accrues interest at a rate of
8.78% (3-mo. CME Term SOFR at 0.50% Floor + 4.50%) per annum. The
loan matures on August 1, 2030.
BlackRock Debt under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Headquartered in Kennesaw, GA, Brand Industrial Services, Inc. is
the largest provider of scaffolding, insulation, coatings and other
industrial services within the following market segments in North
America: upstream, midstream, and downstream oil & gas, power
generation, industrial and infrastructure. The company is majority
owned by Clayton, Dubilier & Rice and Brookfield Business Partners.
BRIDGE TO ADULTHOOD: Case Summary & 13 Unsecured Creditors
----------------------------------------------------------
Debtor: Bridge to Adulthood, LLC
5345 Russellville Road
Allensville, KY 42204
Business Description: Bridge to Adulthood, LLC provides
residential and community-based support
services for individuals with intellectual
and developmental disabilities in Kentucky.
The Company participates in state Medicaid
waiver programs, including the Michelle P.
Waiver for children and teenagers and the
Supports for Community Living program for
adults, offering alternatives to
institutional care. Its services include
residential care, in-home and community
support, and animal therapy, with operations
centered at its facility in Allensville.
Chapter 11 Petition Date: September 23, 2025
Court: United States Bankruptcy Court
Western District of Kentucky
Case No.: 25-10810
Judge: Hon. Joan A Lloyd
Debtor's Counsel: Charity S. Bird, Esq.
KAPLAN JOHNSON ABATE & BIRD LLP
710 West Main Street
Fourth Floor
Louisville, KY 40202
Tel: (502) 540-8285
Fax: (502) 540-8282
Email: cbird@kaplanjohnsonlaw.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Brian Comley as owner and program
director.
A full-text copy of the petition, which includes a list of the
Debtor's 13 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/TS5SF7I/Bridge_to_Adulthood_LLC__kywbke-25-10810__0001.0.pdf?mcid=tGE4TAMA
BURGESS POINT: Prospect Marks $2.9MM 1L Loan at 14% Off
-------------------------------------------------------
Prospect Floating Rate and Alternative Income Fund, Inc. has marked
its $2,969,543 loan extended to Burgess Point Purchaser Corporation
to market at $2,551,135 or 86% of the outstanding amount, according
to Prospect's Form 10-K for the fiscal year ending June 30, 2025,
filed with the U.S. Securities and Exchange Commission.
Prospect is a participant in a Senior Secured First Lien Term Loan
to Burgess Point Purchaser Corporation. The loan accrues interest
at a rate of 9.65% per annum. The loan matures on July 25, 2029.
Prospect was formed as a Maryland corporation on April 29, 2011.
The company is an externally managed, closed-end, non-diversified
management investment firm that has elected to be regulated as a
business development company, under the Investment Company Act of
1940. It has elected to be taxed for U.S. federal income tax
purposes, and intend to qualify annually as a regulated investment
company, under Subchapter M of the Internal Revenue Code of 1986.
The company's adviser manages its portfolio and makes all
investment decisions for the company, subject to supervision by its
Board of Directors.
Prospect is led by M. Grier Eliasek as Chief Executive Officer and
Director, Kristin L. Van Dask as Chief Financial Officer, and
Andrew C. Cooper as Director.
The Fund can be reach through:
M. Grier Eliasek
Prospect Floating Rate and Alternative Income Fund, Inc.
10 East 40th Street, 42nd Floor
New York, NY 10016
Telephone: (212) 448-0702
About Burgess Point Purchaser Corporation
Burgess Point Purchaser Corporation manufactures alternative
vehicle parts.
BYJU'S ALPHA: Files Amendment to Disclosure Statement
-----------------------------------------------------
BYJU's Alpha, Inc., submitted an Amended Combined Disclosure
Statement and Chapter 11 Plan dated September 16, 2025.
The Plan provides for the liquidation and Distribution of the
proceeds of the Debtor's remaining assets. Accordingly, the Debtor
believes all Chapter 11 plan obligations will be satisfied without
the need for further reorganization of the Debtor.
The Retained Causes of Action are expected to comprise
substantially all of the remaining assets of the Debtor's Estate.
The Plan provides for the vesting of the Retained Causes of Action
in the Wind-Down Debtor so that the Plan Administrator can pursue
and liquidate the Retained Causes of Action for the benefit of
Holders of Allowed Claims entitled to the Distributable Proceeds.
The Debtor believes that any recoveries from the Retained Causes of
Action are speculative and understands that substantial new money
funding will be required to pursue, reduce to judgment, and recover
proceeds on account of the Retained Causes of Action. It is
anticipated that any such recoveries will not be sufficient to
satisfy the Allowed Class 3 Claims in full.
Based on its investigation, the Debtor believes that the only other
material asset of the Debtor is its 50% ownership stake in
GeoGebra, which the Debtor believes to be de minimis in relation to
the quantum of Allowed Class 3 Claims. Additionally, GeoGebra is
50% owned by T&L, which is subject to an insolvency proceeding in
India. The Debtor therefore believes that a chapter 7 trustee would
encounter substantial delay and difficulties in attempting to
liquidate GeoGebra at this time and would likely incur costs that
outweigh any benefit to the Estate.
The Amended Disclosure Statement does not alter the proposed
treatment for unsecured creditors and the equity holder:
* Class 4 consists of all General Unsecured Claims. On the
Effective Date, all Allowed General Unsecured Claims shall not
receive any Distribution on account of such Claims. Class 4 is
Impaired under the Plan. Holders of Allowed General Unsecured
Claims are deemed to have rejected the Plan pursuant to section
1126(g) of the Bankruptcy Code. Therefore, such Holders are not
entitled to vote to accept or reject the Plan. This Class will
receive a distribution of 0% of their allowed claims.
* Class 7 consists of all Interests. On the Effective Date,
all Interests (including Intercompany Interests) shall be
cancelled, released, and extinguished, and will be of no further
force or effect, without any distribution on account of such
Claims. For the avoidance of doubt, the treatment of Class 7
Interests under the Plan pertains only to any Interest in the
Debtor and shall in no way release, alter, impair, or otherwise
impact the vesting of all Retained Assets in the WindDown Debtor,
which shall be entitled to retain ownership of, dispose of, or
otherwise monetize such Retained Assets, including any Interest
that the Debtor has in any non-Debtor, as set forth elsewhere
herein and in the Plan Administrator Agreement.
The Wind-Down Debtor shall be established, formed, and merged on
the Effective Date. The Wind-Down Debtor shall be the successor in
interest to the Debtor, and the Wind-Down Debtor shall be the
successor to the Debtor and its Estate's right, title, and interest
to the WindDown Debtor Assets. The Wind-Down Debtor will conduct no
business operations and will be charged with winding down the
Debtor's Estate. The Wind-Down Debtor shall be managed by the Plan
Administrator and shall be subject to the oversight of the
Wind-Down Debtor Oversight Committee.
Prior to the Effective Date, any and all of the Debtor's assets
shall remain assets of the Estate pursuant to section 1123(b)(3)(B)
of the Bankruptcy Code and on the Effective Date the Wind-Down
Debtor Assets shall irrevocably vest in the Wind-Down Debtor. For
the avoidance of doubt, to the extent not otherwise waived in
writing, released, settled, compromised, assigned or sold pursuant
to a prior Final Order of the Bankruptcy Court or the Plan, the
Wind-Down Debtor specifically retains and reserves the right to
assert, after the Effective Date, any and all of the Retained
Causes of Action and related rights, whether or not asserted as of
the Effective Date (and whether or not listed on the Schedule of
Retained Causes of Action), and all proceeds of the foregoing,
subject to the terms of the Plan.
On or after the Confirmation Date, the Plan Administrator shall be
authorized to (i) enter into a financing facility comprised of (a)
the New Money Wind-Down Financing Facility, (b) the Wind-Down
Financing Facility Roll-Over Term Loans, and (c) the Indemnity
Facility (collectively, the "Wind-Down Financing Facility"), and
(ii) enter into the documents memorializing the terms of the Wind
Down Financing Facility (the "Definitive Documentation"), which
shall be Filed with the Plan Supplement.
A full-text copy of the Amended Combined Disclosure Statement and
Plan dated September 16, 2025 is available at
https://urlcurt.com/u?l=W54Xmo from PacerMonitor.com at no charge.
BYJU's Alpha, Inc. is represented by:
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Robert S. Brady, Esq.
Kenneth J. Enos, Esq.
Jared W. Kochenash, Esq.
Timothy R. Powell, Esq.
1000 North King Street
Wilmington, Delaware 19801
Telephone: (302) 571-6600
Facsimile: (302) 571-1253
Email: rbrady@ycst.com
kenos@ycst.com
jkochenash@ycst.com
tpowell@ycst.com
- and -
QUINN EMANUEL URQUHART & SULLIVAN, LLP
Susheel Kirpalani, Esq.
Benjamin Finestone, Esq.
Daniel Holzman, Esq.
Jianjian Ye, Esq.
51 Madison Avenue, 22nd Floor
New York, New York 10010
Tel.: (212) 849 7000
Email: susheelkirpalani@quinnemanuel.com
benjaminfinestone@quinnemanuel.com
danielholzman@quinnemanuel.com
jianjianye@quinnemanuel.com
About BYJU's Alpha
BYJU's Alpha, Inc., designs and develops education software
solutions.
The Debtor sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D. Del. Case No. 24-10140) on Feb. 1, 2024. In the
petition signed by Timothy R. Pohl, chief executive officer, the
Debtor disclosed up to $1 billion in assets and up to $10 billion
in liabilities.
Judge John T. Dorsey oversees the case.
Young Conaway Stargatt & Taylor, LLP, and Quinn Emanuel Urquhart &
Sullivan, LLP serve as the Debtor's legal counsel.
GLAS Trust Company LLC, as DIP Agent and Prepetition Agent, is
represented in the Debtor's case by Kirkland & Ellis LLP, Pachulski
Stang Ziehl & Jones, and Reed Smith.
CALDWELL HOLDINGS: Gets OK to Use Cash Collateral Until Oct. 9
--------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Georgia,
Rome Division, issued an interim order authorizing Caldwell
Holdings, LLC to use cash collateral.
The interim order authorized the Debtor to use cash collateral in
accordance with its budget through the final hearing scheduled for
October 9. The budget shows total projected operational expenses of
$167,361.71 for the period from September 15 to October 13.
The Debtor believes that First Internet Bank of Indiana and Itria
Ventures, LLC may have security interests in certain business
revenues that may constitute cash collateral.
The First Internet Bank of Indiana (as successor to ApplePie
Capital, Inc.) has a first position lien on the Debtor's cash
collateral.
To protect the lenders, the court granted them adequate protection
liens on post-petition assets similar to their pre-bankruptcy
collateral. The replacement liens do not apply to any Chapter 5
avoidance actions.
About Caldwell Holdings, LLC
Caldwell Holdings, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-41374) on
September 10, 2025, listing between $100,001 and $500,000 in assets
and between $1 million and $10 million in liabilities.
Will B. Geer, Esq., at Rountree Leitman Klein & Geer, LLC
represents the Debtor as legal counsel.
CALIFORNIA RESOURCES: S&P Rates New $400MM Unsecured Notes 'BB-'
----------------------------------------------------------------
S&P Global Ratings assigned its 'BB-' issue-level rating and '2'
recovery rating to U.S.-based oil and gas exploration and
production company California Resources Corp.'s (B+/Stable/--)
proposed $400 million senior unsecured notes due 2034. The '2'
recovery rating indicates S&P's expectation for substantial
(70%-90%; rounded estimate: 85%) recovery to creditors in the event
of a payment default.
California Resources intends to use the proceeds, along with
borrowings under its credit facility and cash on hand, to pay down
the net debt it will assume with the previously announced $717
million acquisition of Berry Corp., which S&P expects will close in
the first quarter of 2026. The notes will be mandatorily redeemed
if the merger has not been consummated by Sept. 14, 2026, at par
plus accrued and unpaid interest.
S&P's 'B+' issuer credit rating and stable outlook on California
Resources are unchanged.
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- S&P's simulated default scenario for California Resources
assumes a sustained period of low commodity prices, consistent with
the conditions of past defaults in this sector.
-- S&P assumes the company's upsized reserve-based lending
facility, with elected commitments of $1.15 billion, is fully drawn
at default.
-- S&P based its valuation of California Resources on a
company-provided PV-10 report using year-end 2024 proved reserves
evaluated on our recovery price deck of $50 per barrel for WTI
crude oil and $2.50 per million British thermal unit for Henry Hub
natural gas, along with an estimated value for Berry Corp.'s proved
reserves.
-- S&P said, "We cap California Resources' recovery rating for
senior unsecured claims at '2', in line with our recovery rating
criteria for entities rated 'B+' and lower, to reflect the
heightened risk that they will issue additional priority or pari
passu debt along the path to default."
Simulated default assumptions:
-- Simulated year of default: 2029
-- Jurisdiction (Rank A): The company is headquartered in the U.S.
and has majority of its revenue and assets located domestically.
-- S&P adjusted its gross enterprise value to account for
restructuring administrative costs (estimated at about 5% of the
gross value).
Simplified waterfall:
-- Net enterprise value at default (after 5% administrative
costs): $3.78 billion
-- First-lien debt: $1.02 billion
--Recovery expectations: Not applicable
-- Total value available to unsecured claims: $2.76 billion
-- Senior unsecured debt: $1.48 billion
--Recovery expectations: 70%-90% (rounded estimate: 85%,
capped)
Note: All debt amounts include six months of prepetition interest.
CAPE FEAR: Section 341(a) Meeting of Creditors on October 28
------------------------------------------------------------
On September 23, 2025, Cape Fear Discount Drug LLC filed Chapter
11 protection in the Eastern District of North Carolina. According
to court filing, the Debtor reports between $1 million and $10
million in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on October
28, 2025 at 10:00 AM at Zoom 341 Meeting Raleigh.
About Cape Fear Discount Drug LLC
Cape Fear Discount Drug LLC operates a community-focused pharmacy
providing prescription dispensing, immunizations, medication
therapy management, and over-the-counter products. The pharmacy is
part of the Good Neighbor Pharmacy network and serves local
residents with programs including family vitamins and child safety
initiatives.
Cape Fear Discount Drug LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-03693) on
September 23, 2025. In its petition, the Debtor reports estimated
assets between $100,000 and $500,000 and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge David M. Warren handles the case.
The Debtor is represented by Laurie B. Biggs, Esq. of BIGGS LAW
FIRM PLLC.
CAR TOYS: Committee Hires Dundon Advisers as Financial Advisor
--------------------------------------------------------------
The official committee of unsecured creditors appointed in the
Chapter 11 case of Car Toys, Inc. seeks approval from the U.S.
Bankruptcy Court for the Western District of Washington to employ
Dundon Advisers LLC as financial advisor.
The firm's services include:
(a) assist in the analysis, review, and monitoring of the
restructuring process;
(b) analyze the proposed use of cash collateral from the
perspective of adequacy of liquidity and proper inclusion and
exclusion of assets of the Debtor as collateral therefore;
(c) support and augment the Debtor's sale process, as
appropriate and without duplication of material efforts of its
adviser in the performance of its duties as set forth in its
retention application;
(d) develop a sufficient understanding of the Debtor's
businesses and operations optimization to support the committee
superintendence of the sales process and preparation for any
contingencies;
(e) assist the committee in identifying, valuing, and pursuing
estate causes of action;
(f) assist the committee to address claims against the Debtor
and to identify, preserve, value, and monetize its tax assets;
(g) advise the committee in negotiations with the Debtor and
third parties;
(h) assist the committee in reviewing the Debtor's financial
reports;
(i) review and provide analysis of any proposed disclosure
statement and Chapter 11 plan and if appropriate, assist the
committee in developing an alternative Chapter 11 plan;
(j) attend meetings and assist in discussions with the
committee, the Debtor, the secured lenders, the U.S. Trustee, and
other parties in interest and professionals;
(k) present at meetings of the committee, as well as meetings
with other key stakeholders and parties;
(l) perform such other advisory services for the committee as
may be necessary or proper in these proceedings, subject to the
aforementioned scope; and
(m) provide testimony on behalf of the committee as and when
may be deemed appropriate.
The firm will charge based on its customary hourly rates currently
in effect through June 30, 2026, which range from $350 to $1,090
per hour which shall be capped at a blended rate of $650 per
recorded hour of all professionals.
In addition, the firm will seek reimbursement for expenses
incurred.
Eric Reubel, a managing director at Dundon Advisers, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Eric Reubel
Dundon Advisers LLC
10 Bank St., Ste. 1100
White Plains, NY 10606
Telephone: (914) 341-1188
About Car Toys Inc.
Car Toys, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-12288) on August 18,
2025. In the petition signed by Philip Kaestle, chief restructuring
officer, the Debtor disclosed up to $50 million in both assets and
liabilities.
Judge Timothy W. Dore oversees the case.
Steven M. Palmer, Esq., at Cairncross & Hempelmann, PS represents
the Debtor as counsel.
On Sept. 3, 2025, the Office of the United States Trustee appointed
an official committee of unsecured creditors in this Chapter 11
case. The committee tapped DBS Law as counsel and Dundon Advisers
LLC as financial advisor.
CAROLINA'S CONTRACTING: Plan Exclusivity Period Extended to Nov. 24
-------------------------------------------------------------------
Judge Lena M. James of the U.S. Bankruptcy Court for the Middle
District of North Carolina extended Carolina's Contracting LLC's
exclusive periods to file a plan of reorganization and obtain
acceptance thereof to November 24, 2025 and January 23, 2026,
respectively.
As shared by Troubled Company Reporter, the Debtor explains that
good cause exists to extend for 90 days both the 120 and 180
Exclusivity Period deadlines, for reason which include, but are not
limited to:
* This case has a complex amount of Purchase Money Security
Interest ("PMSI") claims, involving numerous items of construction
equipment. The debtor in determining the best option for
restructuring its affairs has been required to decide which items
of equipment should be retained, sold, returned to secured
creditors or to keep and restructure the applicable secured debt.
This decision is complex since the debtor must also decide whether
unencumbered equipment can perform any necessary work, so as to
allow the return of similar secured equipment. It is in the best
interest of creditors for this "contract bidding process" to become
clearer prior to making the critical "equipment need" decisions.
* The Debtor is reviewing a least two restructuring
opportunities. One would be an internal restructuring of debt and
the continuation of the business. A second potential option
involves a joint operation with a similar but separate company. It
is contemplated such operation would be conducted through a newly
formed entity. It appears the combination can not only do what each
company is currently performing, but can generate higher profits by
attracting even more work as a single operating entity.
* Active and complex, but yet unfinished beneficial
negotiations, are taking place with many of the PMSI creditors. The
requested extension is necessary to allow for these beneficial
negotiations to be completed.
About Carolina's Contracting
Carolina's Contracting LLC is a licensed general contractor based
in Davidson, North Carolina, specializing in land development and
grading services. Established in 2013, Company offers a range of
services including grading, storm drainage, sanitary sewer,
waterline installation, culverts, and stone base work.
Carolina's Contracting sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. N.C. Case No. 25-50284) on April 28,
2025. In its petition, the Debtor reported total assets of
$31,405,291 and total liabilities of $25,942,522.
Judge Lena M. James oversees the case.
The Debtor is represented by:
Dirk W. Siegmund, Esq.
Ivey, McClellan, Siegmund,
Brumbaugh & McDonough, LLP
Tel: (336) 274-4658
Email: dws@iveymcclellan.com
CENTRAL PARENT: BlackRock Debt Marks $2.9MM Loan at 17% Off
-----------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $2,995,000 loan
extended to Central Parent LLC to market at $2,493,242 or 83% of
the outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a 2024 Term Loan B to Central
Parent LLC. The loan accrues interest at a rate of 8.84% (3-mo. CME
Term SOFR at 0% Floor + 3.25%) per annum. The loan matures on July
6, 2029.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Central Parent LLC of Delaware provides software solutions. The
Company serves customers in the United States.
CHG US: Plan Exclusivity Period Extended to December 8
------------------------------------------------------
Judge Mary F. Walrath of the U.S. Bankruptcy Court for the District
of Delaware extended CHG US Holdings LLC, and affiliates' exclusive
periods to file a plan of reorganization and obtain acceptance
thereof to December 8, 2025 and February 9, 2026, respectively.
As shared by Troubled Company Reporter, the Debtors explain that
the initial months of these Chapter 11 Cases have been consumed
with stabilizing the Debtors' operations, identifying for closure
and closing certain restaurant locations, obtaining post-petition
financing that would allow a fulsome Sale process, and conducting
the Sale process. The Sale Order approving the Sale was entered on
August 1, 2025, and the Closing occurred on August 18, 2025. With
Closing having occurred just a few short weeks ago, the Debtors can
now turn their focus to a Plan process, but require an extension of
the Exclusive Periods to do so.
Moreover, since the Petition Date, the Debtors have paid their
postpetition debts in the ordinary course or as otherwise provided
by Court order, which was critical both to progression of the Sale
process and to getting to a plan process. The Debtors have engaged
in discussions with the Committee regarding the prospects for and
contours of a confirmable plan that will result in a recovery to
the Debtors' unsecured creditors. An extension of a debtor's
Exclusive Periods is justified by a debtors' progress in resolving
issues facing its creditors.
The Debtors assert that they are not seeking an extension of the
Exclusive Periods to pressure or prejudice any of their
stakeholders. The Debtors have been diligently moving these Chapter
11 Cases forward, first with the Sale process, and now with an eye
towards achieving a confirmed plan that nets a recovery to
creditors. Accordingly, the relief requested herein does not
prejudice the Debtors' creditors and will benefit the Debtors'
estates, their creditors, and all other key parties in interest.
The Debtors further assert that an objective analysis of the
relevant factors demonstrates that, under the circumstances of
these Chapter 11 Cases, the Debtors are doing everything that they
should be doing to facilitate a successful conclusion with a
confirmed plan. Accordingly, sufficient cause exists to extend the
Exclusive Periods as provided herein.
Counsel to the Debtors:
PASHMAN STEIN WALDER HAYDEN, P.C.
Joseph C. Barsalona II, Esq.
Michael J. Custer, Esq.
824 North Market Street, Suite 800
Wilmington, Delaware 19801
Telephone: (302) 592-6496
Email: jbarsalona@pashmanstein.com
mcuster@pashmanstein.com
-and-
Katherine R. Beilin, Esq.
Court Plaza South, East Wing
21 Main Street, Suite 200
Hackensack, NJ 07601
Telephone: (201) 488-8200
Email: kbeilin@pashmanstein.com
About CHG US Holdings LLC
CHG US Holdings LLC, operating as PLANTA GROUP, operates a chain of
plant-based restaurants with 18 locations across major U.S. cities.
The company's restaurants are located in Miami Beach, Brooklyn,
SOHO, Nomad, Washington DC, Atlanta, Denver, Los Angeles, West Palm
Beach, Chicago, and other metropolitan areas. These restaurants
likely offer exclusively plant-based cuisine based on the PLANTA
brand name and food vendor creditors listed in the filing.
CHG US Holdings LLC and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-10851) on
May 12, 2025. In its petition, the Debtor reports assets between
$50,000 and $100,000, and liabilities ranging from $10 million to
$50 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by Joseph C. Barsalona II, Esq. and
Michael J. Custer, Esq. at Pashman Stein Walder Hayden.
CLESMA INC: Seeks to Tap Lane Law Firm PLLC as Legal Counsel
------------------------------------------------------------
CLESMA Inc. seeks approval from the U.S. Bankruptcy Court for the
Eastern District of Texas to hire The Lane Law Firm, PLLC to serve
as legal counsel in its Chapter 11 case.
The firm will provide these services:
(a) assist, advise and represent the Debtor relative to the
administration of the Chapter 11 case;
(b) assist, advise and represent the Debtor in analyzing the
Debtor's assets and liabilities, investigating the extent and
validity of lien and claims, and participating in and reviewing any
proposed asset sales or dispositions;
(c) attend meetings and negotiate with the representatives of the
secured creditors;
(d) assist the Debtor in the preparation, analysis and negotiation
of any plan of reorganization and disclosure statement accompanying
any plan of reorganization;
(e) take all necessary action to protect and preserve the
interests of the Debtor;
(f) appear, as appropriate, before this Court, the Appellate
Courts, and other Courts in which matters may be heard and to
protect the interests of Debtor before said Courts and the United
States Trustee; and
(g) perform all other necessary legal services in these cases.
The firm will receive hourly rates of $650 for managing partner
Robert Lane, $625 for Joshua Gordon, $575 for Zachary Casas, $450
for Kyle K. Garza, and $250 for paraprofessionals.
The Lane Law Firm, PLLC is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Robert C. Lane
Kyle K. Garza
THE LANE LAW FIRM, PLLC
6200 Savoy, Suite 1150
Houston, TX 77036
Telephone: (713) 595-8200
Facsimile: (713) 595-8201
E-mail: kyle.garza@lanelaw.com
About Clesma Inc.
Clesma Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Texas Case No. 25-42744) on September
18, 2025, listing up to $100,000 in assets and up to $1 million in
liabilities. Carlos Arce, president of Clesma, signed the
petition.
Robert C. Lane, Esq., at The Lane Law Firm, represents the Debtor
as bankruptcy counsel.
CLNG HOMES: Hires McClain Law Group as Legal Counsel
----------------------------------------------------
CLNG Homes LLC seeks approval from the U.S. Bankruptcy Court for
the Middle District of Florida to hire Michael W. McClain of
McClain Law Group PLLC to serve as legal counsel in its Chapter 11
case.
The firm will provide these services:
(a) give legal advice with respect to the Debtor's powers and
duties as Debtor-in-Possession in the continued operations and
management of its property;
(b) take all necessary action to protect and preserve the
Debtor's estate, including the prosecution of actions on behalf of
the Debtor, the defense of any actions commenced against the
Debtor, negotiations concerning all litigation in which the Debtor
is involved, and objecting to claims filed against the Debtor's
estate;
(c) prepare on behalf of the Debtor, as Debtor-in-Possession,
all necessary motions, answers, orders, reports and other legal
papers in connection with the administration of the Debtor’s
estate; and
(d) perform any and all other legal services for the Debtor,
as Debtor-in-Possession, in connection with this Chapter 11 case
and the formulation and implementation of the Debtor's Chapter 11
Plan.
McClain Law Group PLLC is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Michael W. McClain, Esq.
MCCLAIN LAW GROUP, PLLC
6008 Brownsboro Park Blvd., Ste. G
Louisville, KY 40207
Telephone: (502) 589-1004
Facsimile: (888) 210-0145
E-mail: mmcclain@mcclainlawgroup.com
About CLNG Homes
CLNG Homes, LLC filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-03106) on
September 5, 2025, listing up to $50,000 in assets and
liabilities.
Bryan K. Mickler, Esq., at Mickler & Mickler represents the Debtor
as legal counsel.
CRANE ENTERPRISES: Taps Compass Greater NY as Real Estate Broker
----------------------------------------------------------------
Crane Enterprises, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to employ Compass
Greater NY LLC as real estate broker.
The Debtor needs a broker to market and sell its real property
located at 360 Shore Road, Apt., 8L, Long Beach, New York.
The firm will receive a commission of 3 percent of the property's
sale price.
Kelly Forman, a real estate agent at Compass, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Kelly Forman
Compass Greater NY LLC
298 Merrick Road
Rockville Centre, NY 11570
About Crane Enterprises LLC
Crane Enterprises LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No.
25-10405) on March 4, 2025, listing $500,001 to $1 million in
assets and $100,001 to $500,000 in liabilities.
Judge David S Jones handles the case.
Brett Silverman, Esq., at Silverman Law PLLC represents the Debtor
as counsel.
CUBIC CORP: BlackRock Debt Marks $3.01MM Loan at 48% Off
--------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $3,017,000 loan
extended to Cubic Corporation to market at $1,562,582 or 52% of the
outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a Term Loan B to Cubic
Corporation. The loan accrues interest at a rate of 8.84% (3-mo.
CME Term SOFR at 0.75% Floor + 4.51%) per annum. The loan matures
on May 25, 2028.
BlackRock Debt under the Investment Company Act of 1940, as amended
(the 1940 Act ), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone: (800) 882-0052
Cubic Corporation is an American public transportation and defense
corporation. It operates two business segments: Cubic
Transportation Systems and Cubic Mission and Performance Solutions.
CUBIC CORP: BlackRock Debt Marks $614,000 Loan at 48% Off
---------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $614,000 loan
extended to Cubic Corporation to market at $317,000 or 52% of the
outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a Term Loan C to Cubic
Corporation. The loan accrues interest at a rate of 8.84% (3-mo.
CME Term SOFR at 0.75% Floor + 4.51%) per annum. The loan matures
on May 25, 2028.
BlackRock Debt under the Investment Company Act of 1940, as amended
(the 1940 Act ), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone: (800) 882-0052
Cubic Corporation is an American public transportation and defense
corporation. It operates two business segments: Cubic
Transportation Systems and Cubic Mission and Performance Solutions.
CUSTOM CONCRETE: Seeks Approval to Tap W. E. Stevens as Accountant
------------------------------------------------------------------
Custom Concrete Designs, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Nebraska to employ W. E.
Stevens, PC as accountant.
The firm will prepare financial reports, monthly operating reports,
develop financial projections for the plan of reorganization,
accounting, auditing, oversite of bookkeeping, and tax assistance.
The firm will be paid at these hourly rates:
William Stevens, Senior CPA $450
Jing Knauss, Senior Manager $275
Denise Brown, Bookeeping Manager $240
Iskra Kunc, Bookkeeper $180
The firm will request a retainer of $4,500 and $1,500 per month
commencing October 1, 2025.
William Stevens, CPA disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
William E. Stevens, CPA
W. E. Stevens, PC
16850 Frances Street, Ste. 100
Omaha, NB 68130
About Custom Concrete Designs
Custom Concrete Designs Inc., operating as CCD Enterprises, is an
Omaha, Nebraska-based concrete contractor specializing in custom
concrete design and installation services. The company provides
specialized concrete solutions for residential and commercial
projects from its headquarters at 1804 Paul Street in Omaha.
Custom Concrete Designs Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Neb. Case No.
25-80700) on July 11, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $1 million and $10
million.
The Debtor tapped Bruce C. Barnhart, Esq. as counsel and W. E.
Stevens, PC as accountant.
DAWN BIDCO: S&P Assigns 'B-' Issuer Credit Rating, Outlook Stable
-----------------------------------------------------------------
S&P Global Ratings assigned its 'B-' issuer credit rating to
Minneapolis-based Dawn Bidco LLC (d/b/a Dayforce Inc.), reflecting
both its high leverage (pro forma for transaction) and its
relatively large scale and strong recurring revenue base.
At the same time, S&P assigned its 'B-' issue-level rating and '3'
recovery rating to the company's proposed $5.5 billion first-lien
term loan due 2033 and $500 million revolving credit facility due
2031.
The stable outlook reflects Dayforce's consistent operating
profitability, highly recurring revenue (stemming from its
cloud-based HCM platform), and our expectation it will continue to
expand its revenue base while modestly improving its gross margins
over the next 12-24 months.
Dayforce Inc., a human capital management (HCM) solutions provider
owned by Thoma Bravo, entered into a definitive agreement to
acquire Dayforce Inc. Dawn Bidco LLC will conduct business as
Dayforce.
The $12.3 billion purchase price will be funded with
sponsor-provided equity and $5.5 billion of debt which places the
company's S&P Global Ratings-adjusted leverage at 10x as of its
most recent 10-Q filing (June 30, 2025) and S&P expects leverage
will remain elevated at more than 8x through 2026.
S&P said, "The rating reflects our expectation for S&P Global
Ratings-adjusted leverage in the 8x-9x range for the 12 months
following the close of the transaction. Pro forma for the
transaction, we expect Dayforce's S&P Global Ratings-adjusted
leverage at about 10x using the 12-months ended June 30, 2025
results. We expect the company will improve its leverage to the
high-8x and 7x areas over the course of fiscal years 2026 and 2027,
respectively, as it continues to expand its revenue and EBITDA.
Furthermore, our rating is supported by Dayforce's ongoing
expansion in the HCM market (market share in the mid-single digit
percent area), high retention rates, low customer concentration,
established track record of strong revenue and free operating cash
flow (FOCF) growth, as well as its stable operating margins and
bookings, which provide a high level of visibility into its
fiscal-year 2026 operating performance.
"Thoma Bravo's acquisition has left Dayforce with a substantial
debt load and significant interest expense burden. The company's
cash flow metrics are heavily constrained by its annual interest
expense, which we estimate at about $350 million. We project EBITDA
interest coverage ratio will be 1.5x at close improving to 1.8x in
2026, compared to 12x as of June 2025. We also project the company
will generate FOCF of about $160 million in fiscal year 2026, which
is down substantially from our previous forecast of over $250
million. Dayforce's elevated debt and interest burden, stemming
from the acquisition, lead us to forecast S&P Global
Ratings-adjusted FOCF to debt of just 3% in 2026 and about 4% in
2027. These level compares with our pre-acquisition projections for
FOCF to debt of over 40% in 2026 and 70% in 2027. Our negative one
notch comparable rating analysis modifier to our stand-alone credit
profile on Dayforce reflects its very high initial leverage and
weaker cash flow metrics relative to those of its peers we rate in
the 'B' category. We anticipate the transaction will close in the
first quarter of 2026, at which time we expect to withdraw our
existing ratings on Dayforce Inc.
"Our business risk profile assessment is supported by its
relatively larger scale and strong recurring revenue base. With
revenue of $1.85 billion for the 12 months ended June 2025, which
represents a 20% overall compound annual growth rate (CAGR) since
2020 (including a 26% CAGR in its recurring segment), Dayforce
operates at a relatively larger scale than other pure-play HCM
vendors. The company grew its bookings by 40% YoY in first half of
2025, which we anticipate will support a double-digit percent
expansion in its revenue in 2026. Management's decision to
transition to a subscription-based payment model will enable it to
ramp up the revenue from its contracts shortly after signing them
and before the projects goes live, which will support a more-rapid
increase in its recurring revenue base. The company's increasing
recurring revenue base, high customer retention rates (in the
high-90% area), and annual contract value (ACV) backlog provide
good visibility into its revenue over the next 18 months. Dayforce
continues to transition its revenue mix toward its cloud-based
services, its recurring revenue expanded by 15% year over year in
the first half of 2025 and now account for almost 70% of its total
revenue. We expect this trend will continue and supporting modest
improvements in the company's gross margins."
Profitability will likely improve on a continued shift toward
high-margin recurring cloud revenue and operational efficiencies.
Dayforce recurring revenue (excluding float) grew at a CAGR of over
25% from 2018 to 2024, accounting for 66% of 2024 revenues. The
company has also improved the gross margin on its recurring revenue
in recent years by expanding its scale and sustaining strong
customer retention. Dayforce's strong customer retention is
reflected in continued expansion of its bookings from existing
customers. Additionally, the proportion of the company's new
bookings that include the full Dayforce suite has risen in recent
quarters, which has further benefitted its operating leverage.
Year-to-date as of June 2025, 90% of Dayforce's Enterprise segment
new bookings and around 70% of Dayforce's Majors segment new
bookings included the full suite. Combined with management's
initiatives to reduce costs--including reduce its general and
administrative (G&A) expenses and R&D expenditure—S&P expects
this strategy will support a robust expansion in the company's
EBITDA and lead to S&P Global Ratings-adjusted EBITDA margins of
29% in 2026 and 33% in 2027.
S&P said, "The company's float balance, which refers to invested
customer funds generating float revenue, averaged $5.1 billion for
the quarter ending June 30, 2025, and we anticipate it will expand
this figure as it covers an increasing number of employees. While
float revenue can be volatile, especially amid periods of low
interest rates or high unemployment, we expect its share of
Dayforce's total revenue will decline as the business expand.
However, we believe the company would likely still generate healthy
margins on a rising float balance even if its yields soften.
"We expect Dayforce to further expand its customer base as it
increasingly penetrates its global addressable markets. During the
six months ended June 2025, the company increased its recurring
revenue (excluding float) by approximately 10% to $700 million on
strong momentum in its large enterprise customer wins, an expansion
in its recurring revenue per customer, and robust add-on module
sales to existing clients. Given its strong focus on payroll, tax,
and compliance, we expect Dayforce will continue to win clients
with a high percentage of front-line workers and complicated needs.
The company's HCM platform enables its customers to reduce their
subscriptions and simplify tasks. Given its currently small market
share, we expect Dayforce has significant runway for expansion.
Moreover, following its introduction of add-on modules, the company
expanded its add-on module sales to existing customers to about 40%
of its total bookings in the third quarter, which is up from about
37% as of year-end 2024. We believe Dayforce's recurring cloud
revenue is less volatile because it generally stems from enterprise
business customers under multiyear contracts that entail high
customer switching costs."
The competitive HCM landscape features both smaller and larger
competitors, some of which (ADP, Workday, Oracle, and SAP) have
significantly greater resources than Dayforce. However, the level
of competition varies depending on the customer's scale and
geographic presence because certain vendors choose to focus on
enterprise customer while others compete further down market. S&P
said, "We view Dayforce's strength to be in the mid-market and
enterprise segments, where its unified platform and strong
compliance capabilities differentiate its offerings, though its
premium positioning may limit its competitiveness in the
price-sensitive small- and mid-size business (SMB) market. In the
enterprise segment, the company competes primarily with ADP, UKG,
and Workday. In the SMB space, we view Dayforce's principal
competitors to be ADP, Paychex, Paycom, and Paylocity. However, the
competitive dynamics in this area are more challenging than in the
mid-market, given SMB's elevated focus on price, which negatively
affects Dayforce because its offerings are perceived as more
premium."
The stable outlook reflects Dayforce's consistent operating
profitability, highly recurring revenue (stemming from its
cloud-based HCM platform), and our expectation it will continue to
expand its revenue base while modestly improving its gross margins
over the next 12-24 months.
S&P could downgrade Dayforce over the next 12 months if S&P
believes its capital structure is unsustainable because an increase
in its leverage leading it to generate breakeven FOCF. This could
occur if:
-- The company generates weaker-than-expected revenue on depressed
demand leading to EBITDA interest coverage ratio well below 1.5x;
-- Competitive pressures intensify and lead to customer
attrition;
-- It experiences business disruptions because of its cost-savings
plan, leading it to generate break-even FOCF after its mandatory
principal and equity payments; or
-- Management engages in debt-funded acquisitions or shareholder
returns that increase its leverage and hamper its FOCF generation.
S&P said, "Although unlikely in the next 12 months, we could raise
our rating on Dayforce if it sustains leverage of below 7.5x and
maintains FOCF to debt, after mandatory principal payments and
non-discretionary equity spending, in the mid-single digit percent
area. Before raising our ratings, we would also need to believe the
company's financial sponsors are committed to maintaining its
leverage at this level."
DERBY MOBILE: Voluntary Chapter 11 Case Summary
-----------------------------------------------
Debtor: Derby Mobile Home Park, LLC
Desert Oasis RV Park
403 N 4th St
Eunice, NM 88231
Business Description: Derby Mobile Home Park, LLC, doing business
as Desert Oasis RV Park, operates a mobile
home and recreational vehicle park located
at 403 North 4th Street in Eunice, New
Mexico. The Company provides space rentals
and related amenities for long-term and
short-term tenants in the southeastern New
Mexico region.
Chapter 11 Petition Date: September 24, 2025
Court: United States Bankruptcy Court
Eastern District of Texas
Case No.: 25-90253
Debtor's Counsel: Reese Baker, Esq.
BAKER & ASSOCIATES
950 Echo Ln Ste 300
Houston TX 77024-2824
E-mail: courtdocs@bakerassociates.net
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Brian Tanner as sole owner and
president.
The Debtor did not submit the required list of its 20 largest
unsecured creditors when filing the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/D3BW2AY/Derby_Mobile_Home_Park_LLC__txebke-25-90253__0001.0.pdf?mcid=tGE4TAMA
DIGITAL ALLY: Closes $750K Convertible Note and Warrant Financing
-----------------------------------------------------------------
Digital Ally, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that it entered into and
consummated the initial closing of the transactions contemplated by
a Securities Purchase Agreement, dated as of September 15, 2025,
between the Company and a certain investor.
At the First Closing, the Company issued and sold to the Purchaser
Senior Secured Convertible Notes in the aggregate original
principal amount of $806,451.61 and warrants. The Purchase
Agreement provided for seven percent (7%) original interest
discount resulting in gross proceeds to the Company of $750,000.
Interest on the note is eight percent (8%). The Warrants are
exercisable for an aggregate 476,569 shares at an exercise price of
$2.124 per share of the Company's common stock, par value $0.001
per share. Subject to applicable limitations as set forth in the
Purchase Agreement, the Warrants have an initial exercise date of
September 15, 2025, and a termination date on the five-year
anniversary of the initial exercise date.
Subject to certain conditions, within two (2) business days from
the effectiveness date of the registration statement required under
the Purchase Agreement, and while the Notes remain outstanding, the
Purchaser and the Company will consummate a second closing of an
aggregate of $250,000 of Notes and Warrants on the same terms and
conditions as the First Closing.
The Notes are convertible into shares of Common Stock at the
election of the Purchaser at any time at a conversion price at a
ten percent (10%) discount to the volume weighted average price in
the five (5) day period prior to the date of closing per share of
Common Stock. The Conversion Price is subject to customary
adjustments for stock dividends, stock splits, reclassifications
and the like, and subject to price-based adjustment in the event of
any issuances of Common Stock, or securities convertible,
exercisable or exchangeable for, Common Stock at a price below the
then-applicable Conversion Price (subject to certain exceptions).
Subject to certain conditions, including certain equity conditions,
the Company may redeem some or all of the then outstanding
principal amount of the Note for cash in an amount equal to one
hundred ten percent (110%) of the outstanding principal amount of
the Notes.
The Notes rank senior to all outstanding and future indebtedness of
the Company and its subsidiaries, other than:
(i) TicketSmarter, Inc., which shall grant a second priority
security interest, and
(ii) Digital Ally Healthcare, Inc. and Nobility Healthcare,
LLC, each of which shall not grant a security interest, and are
secured by substantially all of the Company's assets, as evidenced
by:
(i) a Security Agreement entered into at the Closing,
(ii) a Trademark Security Agreement entered into at the
Closing,
(iii) a Patent Security Agreement entered into at the Closing,
and
(iv) a Guaranty executed by all direct and indirect
subsidiaries of the Company, other than Digital Ally Healthcare,
Inc. and Nobility Healthcare, LLC, pursuant to which each of them
has agreed to guaranty the obligations of the Company under the
Notes.
Also at the Closing, the Company entered into a Registration Rights
Agreement with the Purchaser. Pursuant to the terms of the
Registration Rights Agreement, the Company has agreed to prepare
and file with the U.S. Securities and Exchange Commission within
the 30th business day following the First Closing a registration
statement covering the resale of the shares of Common Stock
issuable upon conversion of the Notes and exercise of the Warrants,
and to use its best efforts to cause such Registration Statement to
be declared effective under the Securities Act of 1933, as amended,
as promptly as possible, but in any event no later than sixty (60)
days following the Filing Date. If the Registration Statement is
not filed by the Filing Date or is not declared effective by the
Effectiveness Date, or under certain other circumstances described
in the Registration Rights Agreement, then the Company shall be
obligated to pay, as partial liquidated damages, to Purchaser an
amount in cash equal to two percent (2%) of the original principal
amount of the Notes each month until the applicable event giving
rise to such payments is cured. If the Company fails to pay any
partial liquidated damages in full within seven (7) days after the
date payable, the Company will pay interest thereon at a rate of
ten percent (10%) per annum.
Also at the Closing, the Company entered into a Leak-Out Agreement
with Purchaser. Pursuant to the terms of the Leak-Out Agreement,
during the Leak Out Period, as defined in the Leak-Out Agreement,
on any trading day, the Holder will not sell, dispose, or otherwise
transfer, in the aggregate, more than twenty percent (20%) of the
composite daily trading volume of the Common Stock as reported by
Bloomberg, LP.
The foregoing summaries provide only a brief description of the
Notes, the Warrants, the Purchase Agreement, the Security
Agreement, the Trademark Security Agreement, the Patent Security
Agreement, the Guaranty the Registration Rights Agreement, and the
Leak-Out Agreement.
About Digital Ally
Digital Ally Inc. operates across three segments: Video Solutions,
Revenue Cycle Management, and Entertainment. The Video Solutions
unit provides video recording systems, cloud services, and safety
products for law enforcement and commercial clients. The Revenue
Cycle Management segment offers financial and administrative
support services to healthcare providers, helping manage billing
and back-office operations. Its Entertainment division manages
ticket resale through TicketSmarter and produces live events,
including music festivals.
In an auditor's report dated May 2, 2025, RBSM LLP, issued a "going
concern" qualification, noting that the Company has incurred
substantial operating losses and will need additional capital to
continue as a going concern. This raises substantial doubt about
the Company's ability to continue as a going concern.
As of June 30, 2025, the Company had $25.96 million in total
assets, $17.81 million in total liabilities, and a total equity of
$8.14 million.
DIGITAL ALLY: Secures $25M Equity Financing With ELOC Investor
--------------------------------------------------------------
Digital Ally, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that the Company entered
into a Common Stock Purchase Agreement, with a certain investor,
providing for a committed equity financing facility, pursuant to
which, upon the terms and subject to the satisfaction of the
conditions contained in the ELOC Purchase Agreement, the ELOC
Investor has committed to purchase, at the Company's direction in
its sole discretion, up to an aggregate of $25,000,000 of the
shares of the Company's Common Stock, subject to certain
limitations set forth in the ELOC Purchase Agreement, from time to
time during the term of the ELOC Purchase Agreement.
Concurrently with the execution of the ELOC Purchase Agreement, the
Company and the ELOC Investor also entered into a Registration
Rights Agreement, dated as of September 15, 2025, pursuant to which
the Company agreed to file with the SEC one or more registration
statements, to register under the Securities Act, the offer and
resale by the ELOC Investor of all of the Purchase Shares that may
be issued and sold by the Company to the ELOC Investor from time to
time under the ELOC Purchase Agreement.
Sales of Purchase Shares by the Company to the ELOC Investor under
the ELOC Purchase Agreement, if any, may occur, from time to time
at the Company's sole discretion, over a period commencing upon the
initial satisfaction of all conditions to the ELOC Investor's
purchase obligations set forth in the ELOC Purchase Agreement,
including that the initial Registration Statement the Company is
required to file with the SEC pursuant to the Registration Rights
Agreement is declared effective by the SEC, and ending on the first
day of the month next following the 36-month anniversary of the
Closing Date, unless the ELOC Purchase Agreement is terminated
earlier under its terms.
From and after the Commencement Date, the Company will have the
right, but not the obligation, from time to time at the Company's
sole discretion, to direct the ELOC Investor to purchase amounts of
Purchase Shares that are specified by the Company to the ELOC
Investor in writing, subject to certain maximum amounts calculated
pursuant to the ELOC Purchase Agreement. The purchase price per
share to be paid by the ELOC Investor for Purchase Shares that the
Company may elect to sell to the ELOC Investor will be equal to 92%
of lowest daily trade price during a three day valuation period of
the Common Stock immediately following the date that the purchase
notice with respect to the particular ELOC Agreement Purchase is
timely delivered from the Company to the ELOC Investor. The Company
may deliver an ELOC Purchase Notice to the Investor on any trading
day selected by the Company, provided however, an ELOC Purchase
Notice may not be delivered within twenty-four (24) hours of the
previous ELOC Purchase Ending Time, as defined in the ELOC Purchase
Agreement. After an ELOC Agreement Purchase, the Company may only
make a subsequent ELOC Agreement Purchase within the ELOC Purchase
Valuation Period, as defined in the ELOC Purchase Agreement, if the
aggregate daily trading volume exceeds 300% of the initial ELOC
Purchase Share Amount.
The maximum number of Purchase Shares that may be required to be
purchased pursuant to a ELOC Agreement Purchase Notice will be (A)
such number of shares of Common Stock equal to the lowest of
(i) 75% of the average daily trading volume over the five (5)
trading days before the date of the ELOC Purchase Notice,
(ii) 25% of the daily trading volume on the date of the ELOC
Purchase Notice, and
(iii) $600,000 divided by the last closing price on the
applicable date of the ELOC Purchase Notice, or (B) if the
aggregate daily trading volume exceeds 1000% of the initial ELOC
Purchase Share Amount, as defined in the ELOC Purchase Agreement,
then such number of shares of Common Stock equal to 600% of the
number of shares of Common Stock in (A).
There are no upper limits on the price per share that the Investor
must pay for Purchase Shares the Company directs the ELOC Investor
to purchase in a ELOC Agreement Purchase under the ELOC Purchase
Agreement. The purchase price per Purchase Share that the Company
directs the ELOC Investor to purchase in a ELOC Agreement Purchase
under the ELOC Purchase Agreement will be appropriately adjusted
for any reorganization, recapitalization, non-cash dividend, stock
split, reverse stock split or other similar transaction during the
period used to determine the purchase price to be paid by the ELOC
Investor for such shares in such ELOC Agreement Purchase.
The ELOC Investor has no right to require the Company to sell any
Purchase Share to the ELOC Investor, but the ELOC Investor is
obligated to make purchases of Purchase Shares as directed by the
Company, subject to the satisfaction of conditions set forth in the
ELOC Purchase Agreement at Commencement and thereafter at each time
that the Company may direct the ELOC Investor to purchase the
Purchase Shares under the ELOC Purchase Agreement. Actual sales of
Purchase Shares by the Company to the ELOC Investor under the ELOC
Purchase Agreement, if any, will depend on a variety of factors to
be determined by the Company in its sole discretion from time to
time, including, among others, market conditions, the trading price
of the Common Stock and determinations by the Company as to the
appropriate sources of funding for the Company and its operations.
The Company may not issue or sell any shares of its Common Stock to
the ELOC Investor under the ELOC Purchase Agreement which, when
aggregated with all other shares of Common Stock then beneficially
owned by the ELOC Investor and its affiliates (as calculated
pursuant to Section 13(d) of the Securities Exchange Act of 1934,
as amended, and Rule 13d-3 promulgated thereunder), would result in
the ELOC Investor beneficially owning more than 4.99% of the
outstanding shares of the Common Stock.
Under the applicable rules of the Nasdaq Capital Market, in no
event may the Company issue to the ELOC Investor and any of its
affiliates under the ELOC Purchase Agreement, or otherwise, more
than 345,311 shares of Common Stock, which number of shares
represents 19.99% of the shares of the Common Stock outstanding
immediately prior to the execution of the Purchase Agreement (the
"Exchange Cap"), unless the Company obtains stockholder approval to
issue shares of Common Stock to the ELOC Investor and any of its
affiliates in excess of the Exchange Cap under the Purchase
Agreement, or otherwise, and in accordance with applicable Nasdaq
CM listing rules. The Exchange Cap will not be applicable to limit
the number of shares of Common Stock that the Company may sell to
the ELOC Investor in any ELOC Agreement Purchase that the Company
effects pursuant to the ELOC Purchase Agreement (if any), to the
extent the purchase price per share paid by the ELOC Investor for
the shares of Common Stock in such ELOC Agreement Purchase is equal
to or greater than the greater of book or market value of the
Common Stock (calculated in accordance with the applicable listing
rules of the Nasdaq CM) at the time the Company delivers the ELOC
Agreement Purchase Notice for such ELOC Agreement Purchase to the
ELOC Investor, adjusted as required by the Nasdaq CM to take into
account the Company's payment of the Commitment Fee (as defined
below) to the ELOC Investor and the amount paid as reimbursement
for the legal fees and disbursements of the ELOC Investor's counsel
in connection with this committed equity financing, each as
described in more detail below, and otherwise as may be necessary
to ensure compliance with the applicable rules of the Nasdaq CM. In
any event, the ELOC Purchase Agreement specifically provides that
the Company may not issue or sell any shares of Common Stock under
the ELOC Purchase Agreement if such issuance or sale would breach
any applicable rules or regulations of Nasdaq CM.
The net proceeds from sales, if any, under the ELOC Purchase
Agreement to the Company will depend on the frequency and prices at
which the Company sells shares of its Common Stock to the ELOC
Investor. The proceeds from any sales, if any, will be used by the
Company in the manner as will be set forth in the prospectus
included in any registration statement filed pursuant to a
registration rights agreement.
There are no restrictions on future financings, rights of first
refusal, participation rights, penalties or liquidated damages in
the ELOC Purchase Agreement or ELOC Registration Rights Agreement,
other than:
(i) a prohibition (with certain limited exceptions) on the
Company entering into specified "Variable Rate Transactions" (as
such term is defined in the ELOC Purchase Agreement), and
(ii) a prohibition during the ELOC Agreement Purchase Valuation
Period (as defined in the ELOC Purchase Agreement), to
(i) issue, enter into any agreement to issue or announce the
issuance or proposed issuance of any shares of Common Stock or
Common Stock Equivalents (as defined in the ELOC Purchase
Agreement) or
(ii) file any registration statement or any amendment or
supplement thereto, in each case other than as contemplated
pursuant to the ELOC Registration Rights Agreement.
Such Variable Rate Transactions include, among others, the issuance
of convertible securities with a conversion or exercise price that
is based upon or varies with the trading price of the Common Stock
after the date of issuance, or the Company effecting or entering
into an agreement to effect an "equity line of credit," an "at the
market offering" or other similar continuous offering with a third
party, in which the Company may offer, issue or sell Common Stock
or any securities exercisable, exchangeable or convertible into
Common Stock at future determined prices. Subject to certain
exceptions set forth in the ELOC Purchase Agreement such
restrictions shall remain in effect for a period commencing on the
Closing Date and ending on first day of the month next following
the 36-month anniversary of the Closing Date. During the term of
the ELOC Purchase Agreement, the ELOC Investor covenanted not to
enter into or effect, in any manner whatsoever, directly or
indirectly, any short sales of the Common Stock or hedging
transaction which establishes a net short position with respect to
the Common Stock.
As consideration for the ELOC Investor's commitment to purchase the
Purchase Shares upon the terms of and subject to satisfaction of
the conditions set forth in the Purchase Agreement, including a
commitment fee equaling to 3.0% of the Total Commitment, which will
be paid:
(i) in shares of Common Stock equal to 19.99% of the shares of
Common Stock outstanding on the date of execution of the ELOC, with
the value per share to be based on the 5-day VWAP beginning on the
date the resale registration statement is declared effective,
subject to certain ownership limitations, and
(ii) the balance, in cash using the 30% of the proceeds from
any subsequent financings, including the ELOC. In addition, as
required under the ELOC Purchase Agreement, the Company has
reimbursed the ELOC Investor for the reasonable legal fees and
disbursements of the ELOC Investor's legal counsel in the amount of
$30,000.
The ELOC Purchase Agreement will automatically terminate upon the
earliest of:
(i) the first day of the month next following the 36-month
anniversary of the Closing Date,
(ii) the ELOC Investor's purchase of Purchase Shares having an
aggregate purchase price equal to Total Commitment under the ELOC
Purchase Agreement, or
(iii) the occurrence of certain other events set forth in the
ELOC Purchase Agreement.
The Company has the right to terminate the ELOC Purchase Agreement
at any time after Commencement, at no cost or penalty, upon five
(5) trading days' prior written notice to the ELOC Investor,
subject to certain conditions and the survival of certain
provisions of the ELOC Purchase Agreement and the ELOC Registration
Rights Agreement. The ELOC Investor may terminate the ELOC Purchase
Agreement upon five (5) trading days' prior written notice after
the occurrence of certain events, including the occurrence of a
Material Adverse Effect or a Fundamental Transaction (as such terms
are defined in the ELOC Purchase Agreement) or upon the occurrence
of certain other events as set forth in the ELOC Purchase
Agreement. Neither the Company nor the ELOC Investor may assign or
transfer their respective rights and obligations under the ELOC
Purchase Agreement, and no provision of the ELOC Purchase Agreement
or the ELOC Registration Rights Agreement may be modified or waived
by the Company or the ELOC Investor.
The ELOC Purchase Agreement and the ELOC Registration Rights
Agreement contain customary representations, warranties, conditions
and indemnification obligations of the parties. The
representations, warranties and covenants contained in such
agreements were made only for purposes of such agreements and as of
specific dates, were solely for the benefit of the parties to such
agreements and may be subject to limitations agreed upon by the
contracting parties.
About Digital Ally
Digital Ally Inc. operates across three segments: Video Solutions,
Revenue Cycle Management, and Entertainment. The Video Solutions
unit provides video recording systems, cloud services, and safety
products for law enforcement and commercial clients. The Revenue
Cycle Management segment offers financial and administrative
support services to healthcare providers, helping manage billing
and back-office operations. Its Entertainment division manages
ticket resale through TicketSmarter and produces live events,
including music festivals.
In an auditor's report dated May 2, 2025, RBSM LLP, issued a "going
concern" qualification, noting that the Company has incurred
substantial operating losses and will need additional capital to
continue as a going concern. This raises substantial doubt about
the Company's ability to continue as a going concern.
As of June 30, 2025, the Company had $25.96 million in total
assets, $17.81 million in total liabilities, and a total equity of
$8.14 million.
DIOCESE OF ALBANY: Hartford Appeals Ruling on Bankruptcy Standing
-----------------------------------------------------------------
Alex Wolf of Bloomberg Law reports that Hartford Accident and
Indemnity Co. is seeking permission to appeal a Northern District
of New York bankruptcy court ruling that denied it standing to
challenge clergy sex abuse claims filed in the Chapter 11 of the
Roman Catholic Diocese of Albany. The insurer contends the ruling
runs counter to recent U.S. Supreme Court precedent.
In its September 23, 2025 filing, Hartford asked the court to allow
an immediate appeal of the decision on its "party in interest"
status, the report states.
About Roman Catholic Diocese of Albany, New York
The Roman Catholic Diocese of Albany is a religious organization in
Albany, N.Y. It covers 13 counties in Eastern New York, including a
portion of the 14th county. Its Mother Church is the Cathedral of
the Immaculate Conception in the city of Albany.
New York's Child Victims Act, which took effect in August 2019,
temporarily sets aside the usual statute of limitations for
lawsuits to give victims of childhood sexual abuse a year to pursue
even decades-old claims. Hundreds of new lawsuits have been filed
against churches and other institutions since the law took effect
on Aug. 14, 2019.
Facing the financial weight of new sexual misconduct lawsuits, at
least four of the eight Roman Catholic dioceses in the state, has
already sought Chapter 11 protection. The dioceses that have
declared bankruptcy include the Diocese of Rochester and the
Diocese of Rockville Centre on Long Island.
The Catholic Diocese of Albany sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D.N.Y. Case No. 23-10244) on
March 15, 2023. In the petition filed by Fr. Robert P. Longobucco,
the Debtor estimated assets between $10 million and $50 million and
liabilities between $50 million and $100 million.
Judge Robert E. Littlefield, Jr. oversees the case.
The Debtor tapped Nolan Heller Kauffman, LLP as bankruptcy counsel;
Tobin and Dempf, LLP as special litigation counsel; Keegan Linscott
& Associates, PC as financial advisor; and Bonadio & Co., LLP as
accountant. Donlin, Recano & Company, Inc. is the claims and
noticing agent.
On April 17, 2023, the U.S. Trustee for Region 2 appointed two
separate committees to represent unsecured creditors and tort
claimants in the Debtor's Chapter 11 case.
The unsecured creditors' committee tapped Lemery Greisler, LLC as
legal counsel; Dundon Advisors, LLC as financial advisor; and
OneDigital Investment Advisors, LLC as special investment
consultant.
Stinson, LLP and OneDigital Investment Advisors serve as the tort
committee's legal counsel and special investment consultant,
respectively.
DIOCESE OF BUFFALO: Jones Day's Hiring in Ch. 11 Case Pushed Back
-----------------------------------------------------------------
Alex Wittenberg of Law360 Bankruptcy Authority reports that on
Thursday, September 25, 2025, a New York bankruptcy judge deferred
the Roman Catholic Diocese of Buffalo's request to retain Jones Day
for nonprofit-related legal issues, as the debtor works against an
October 1, 2025 deadline to propose a Chapter 11 plan backing a
$272.5 million settlement.
About The Diocese of Buffalo N.Y.
The Diocese of Buffalo, N.Y., is home to nearly 600,000 Catholics
in eight counties in Western New York. The territory of the diocese
is co-extensive with the counties of Erie, Niagara, Genesee,
Orleans, Chautauqua, Wyoming, Cattaraugus, and Allegany in New York
State, comprising 161 parishes. There are 144 diocesan priests and
84 religious priests who reside in the Diocese.
The diocese through its central administrative offices (a) provides
operational support to the Catholic parishes, schools, and certain
other Catholic entities that operate within the territory of the
Diocese "OCE"; (b) conducts school operations through which it
provides parish schools with financial and educational support; (c)
provides comprehensive risk management services to the OCEs; (d)
administers a lay pension trust and a priest pension trust for the
benefit of certain employees and priests of the OCEs; and (e)
provides administrative support for St. Joseph Investment Fund,
Inc.
Dealing with sexual abuse claims, the Diocese of Buffalo sought
Chapter 11 protection (Bankr. W.D.N.Y. Case No. 20-10322) on Feb.
28, 2020. The diocese was estimated to have $10 million to $50
million in assets and $50 million to $100 million in liabilities as
of the bankruptcy filing.
The Honorable Carl L. Bucki is the case judge.
The Debtor tapped Bond, Schoeneck & King, PLLC, led by Stephen A.
Donato, Esq., as counsel; Connors LLP and Lippes Mathias Wexler
Friedman LLP as special litigation counsel; Jones Day as special
corporate governance counsel; and Phoenix Management Services, LLC
as financial advisor. Stretto is the claims agent, maintaining the
page: https://case.stretto.com/dioceseofbuffalo/docket
The U.S. Trustee for Region 2 appointed a committee of unsecured
creditors on March 12, 2020. The committee tapped Pachulski Stang
Ziehl & Jones, LLP and Gleichenhaus, Marchese & Weishaar, PC as
bankruptcy counsel, and Burns Bair LLP as special insurance
counsel.
DRAGONFLY PRIMARY: Final Cash Collateral Hearing Set for Sept. 29
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Indiana,
Indianapolis Division, is set to hold a hearing on September 29 to
consider final approval of Dragonfly Primary Care, LLC's motion to
use cash collateral.
The Debtor's authority to use cash collateral pursuant to the
court's latest interim order expires on September 29.
The interim order issued on September 16 authorized the Debtor to
use up to $50,000 in cash collateral to fund operations in
accordance with its budget.
As adequate protection to Huntington National Bank for any
diminution in its pre-bankruptcy secured interest, the interim
order granted the bank replacement liens on property acquired by
the Debtor after its Chapter 11 filing that is similar to the
bank's pre-bankruptcy collateral.
The replacement liens do not apply to any Chapter 5 avoidance
actions.
About Dragonfly Primary Care
Dragonfly Primary Care, LLC provides comprehensive primary care
services for patients of all ages in Indianapolis, Indiana,
including preventive care, urgent care, chronic disease management,
mental health support, and in-house laboratory services. The clinic
offers same-day visits and flexible scheduling to accommodate
patient needs. It focuses on individualized, evidence-based medical
care.
Dragonfly Primary Care filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Ind. Case No.
25-05537) on September 12, 2025, with $288,594 in assets and
$1,461,850 in liabilities. Caleb Wiles, practice manager of
Dragonfly Primary Care, signed the petition.
Judge James M. Carr presides over the case.
Thomas C. Scherer, Esq., at Dentons Bingham Greenebaum represents
the Debtor as legal counsel.
DRAGONFLY PRIMARY: Hires Dentons Bingham Greenebaum as Counsel
--------------------------------------------------------------
Dragonfly Primary Care LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Indiana to employ Dentons
Bingham Greenebaum LLP as counsel.
The firm will render these services:
(a) prepare motions, pleadings, and applications, and conduct
examinations incidental to administration;
(b) advise regarding the Debtor of its rights, duties,
obligations as the Debtor;
(c) perform legal services incidental and necessary to the
day-to-day operations of the business;
(d) negotiate, prepare, confirm and consummate a plan of
reorganization or other means of resolving the issues in this case;
and
(e) take any and all other necessary action incident to the
proper preservation and administration of the estate in the conduct
of the Debtor's business.
The firm's attorneys will be paid at these hourly rates:
Thomas Scherer, Esq. $400
Whitney Mosby, Esq. $400
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a pre-petition retainer of $20,000 from the
Debtor.
Mr. Scherer disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Thomas C. Sherer, Esq.
Dentons Bingham Greenebaum LLP
10 West Market Street, Suite 2700
Indianapolis, IN 46204
Telephone: (317) 635-8900
Email: Thomas.scherer@dentons.com
About Dragonfly Primary Care
Dragonfly Primary Care, LLC provides comprehensive primary care
services for patients of all ages in Indianapolis, Indiana,
including preventive care, urgent care, chronic disease management,
mental health support, and in-house laboratory services. The clinic
offers same-day visits and flexible scheduling to accommodate
patient needs. It focuses on individualized, evidence-based medical
care.
Dragonfly Primary Care filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Ind. Case No.
25-05537) on September 12, 2025, with $288,594 in assets and
$1,461,850 in liabilities. Caleb Wiles, practice manager of
Dragonfly Primary Care, signed the petition.
Judge James M. Carr presides over the case.
Thomas C. Scherer, Esq., at Dentons Bingham Greenebaum represents
the Debtor as legal counsel.
DW TRUMP: Unsecured Creditors to Get Nothing in Plan
----------------------------------------------------
DW Trump, Inc. submitted a Third Amended Disclosure Statement
describing Third Amended Plan of Reorganization dated September 16,
2025.
Subsequent to the filing of this Third Amended Disclosure
Statement, the Secured Lender, through Counsel of record in this
Bankruptcy Case, represented that they (Secured Lender) shall
accept the proceeds from the auction sale in full satisfaction of
their Claim, pursuant to the provisions of the proposed Plan.
To provide funds to pay Administrative Fee and Expenses,
specifically the fee due to the United States Trustee upon the sale
of the Subject Premises, on June 19, 2025, Maltz has agreed to
reduce its commission on the sale of the Subject Premises from
$66,120.00 to $56,120.00.
The Plan will be funded by funds received via the sale of real
property owned by the Debtor as well as an additional cash
contribution from the Purchaser of the real property sufficient to
insure payment of certain defined Administrative Expenses and
Priority Tax Claims.
Class 2 consists of General Unsecured Claims. To the best of the
Debtor's knowledge, and based upon the treatment of claims as
contained in the within Disclosure statement, General Unsecured
Claims are represented as $18,398.72, exclusive of the unsecured
portion of the Secured Creditor's Claim after receipt of the
proceeds realized by the sale. In that the recognized Claim of the
Secured Creditor was established as $1,453,507.28 and the proceeds
from the auction sale were $1,102,000.00, the Secured Creditor has
an unsecured Claim in the amount of $353,507.28.
As the amount realized from the sale of the Subject Premises is
less than the amount due on the Claim, General Unsecured Claims
will not receive payment. Notwithstanding the foregoing, the
Secured Creditor has represented that it will be voting to Confirm
the Plan. Class 2 is impaired.
Payments and distributions under the Plan will be funded by the.
Sale of the Subject Premises and a contribution (via a reduction of
the real estate commission).
Post-confirmation, the Debtor will continue to be managed by
Ephraim Weissmandl. To the extent necessary, said Barry D.
Haberman, Esq. will act as disbursing agent. A bond will not be
required. The disbursing agent(s) shall maintain all accounts at
banking institutions that are authorized depository institutions in
the Southern District of New York.
A full-text copy of the Third Amended Disclosure Statement dated
September 16, 2025 is available at https://urlcurt.com/u?l=xNrSYs
from PacerMonitor.com at no charge.
Counsel to the Debtor:
Barry D. Haberman, Esq.
The Law Office of Barry D. Haberman
254 South Main Street, #404
New City, NY 10956
Tel: (845) 638-4294
Email: bdhlaw@aol.com
About DW Trump
DW Trump is primarily engaged in renting and leasing real estate
properties.
DW Trump, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 24-22083) on Jan. 31,
2024, with $1 million to $10 million in both assets and
liabilities. Ephriam Weismandl, DW Trump treasurer, signed the
petition.
Judge Sean H. Lane oversees the case.
The Debtor is represented by Barry D. Haberman, Esq., at The Law
Office of Barry D. Haberman.
EARLY AMERICAN: Seeks to Tap Steidl and Steinberg as Legal Counsel
------------------------------------------------------------------
Early American Pittsburgh, Inc. seeks approval from the U.S.
Bankruptcy Court for the Western District of Pennsylvania to employ
Steidl and Steinberg, PC to handle its Chapter 11 case.
Christopher Frye, Esq., the primary attorney in this
representation, will be billed at his hourly rate of $350 plus
out-of-pocket expenses.
The firm received a retainer of $5,762 plus the filing fee of
$1,738 from the Debtor prior to the filing of the Chapter 11 case.
Mr. Frye disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Christopher M. Frye, Esq.
Steidl & Steinberg, PC
Koppers Building, Suite 322
436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 391-8000
Email: chris.frye@steidl-steinberg.com
About Early American Pittsburgh
Early American Pittsburgh, Inc. filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Pa.
Case No. 25-22453) on Sept. 12, 2025, listing up to $100,000 in
assets and up to $1 million in liabilities.
Christopher M. Frye, Esq., at Steidl & Steinberg, PC serves as the
Debtor's counsel.
EFS COGEN I: Fitch Affirms 'BB-' LongTerm IDR, Outlook Stable
-------------------------------------------------------------
Fitch Ratings has affirmed EFS Cogen Holdings I LLC (Linden) Issuer
Default Rating (IDR) and senior facilities at 'BB-' with a Stable
Rating Outlook.
RATING RATIONALE
The BB-' rating for Linden's senior facilities reflects a Term Loan
B debt structure with limited amortization, which leads to a
substantial bullet at maturity, which is typical for such
structures. The bullet will have to be refinanced by 2031 based on
expected merchant revenues earned in the volatile New York City
Zone J capacity and power markets.
Financial performance is supported by steam and power contracts
with creditworthy offtakers, short-term power and commodity hedges,
and a favorable and sustainable competitive position from lower
fuel costs than in-city peers. Under Fitch's revised rating case
assumptions minimum project life coverage ratio (PLCR) is 1.26x in
2030 due to lower sweeps resulting higher debt balance at
refinancing. The revised PLCR is below the indicative threshold for
a 'BB-' rating and if sustained could result in a negative rating
action. Fitch expects to receive timely information about actual
cash-based financial and operating results and independently
validated projections for performance beyond 2035. In the absence
of such information, Fitch may apply additional stresses. The model
currently forecasts cash flows through 2035.
Linden's IDR is equalized with the debt facilities' ratings, given
their equal senior position and lack of other subordinate
liabilities. The IDR indicates an elevated vulnerability to default
risk, particularly in the event of adverse changes in the New York
City capacity and power market conditions over time. However,
financial flexibility exists that supports the servicing of
financial commitments during the term of the debt.
KEY RATING DRIVERS
Operation Risk - Midrange
Proven Technology and Well-Maintained Facility: Linden utilizes
General Electric's (GE) combined cycle gas turbine technology,
known for its commercial reliability and proven track record. The
project maintains a robust inventory of critical spare parts to
minimize outage risks, ensuring continued operation throughout the
debt term and beyond. The independent engineer (IE) has confirmed
that the facility is well-maintained and follows GE's operational
guidelines. NAES Corporation, a reputable provider of comprehensive
operations and maintenance (O&M) services, operates the project
under separate O&M and NERC Services Agreements, ensuring
compliance with regulatory standards.
Major maintenance services for Linden 1-5 are provided by General
Electric International, Inc. under a long-term services agreement
(LTSA), while Power Systems Mfg. LLC services Linden 6 under a
similar arrangement. Although the project does not maintain O&M or
major maintenance reserve accounts, a weaker feature, this risk is
mitigated through the implemented O&M strategy and the availability
of funds from the revolving facility.
Supply Risk - Midrange
Supply Flexibility at Competitive Prices: Linden benefits from
several fuel supply advantages from its strategic location in New
Jersey and direct access to the NYC power market. Unlike other New
York generators, Linden can source natural gas from TETCO M3 and
Transco Z6 NY at a cost below the city's market. Both connections
meet the full demand of Linden 1-5 and provide long-term pricing
flexibility.
The project has a short-term commodity price hedge in place,
mitigating commodity price exposure. For Linden 6, a tolling
offtake agreement shifts natural gas supply risk to Phillips 66
Company, the creditworthy owner of Bayway Refinery.
Revenue Risk - Composite - Weaker
Reliance on Predominately Merchant Revenues: Linden will earn
around 20% of revenues from power and steam offtake agreements with
creditworthy counterparties: Phillips 66 Company and Infineum
International Ltd. These agreements will expire in 2032 but include
Linden's options to extend to 2037. The high dependency of the
offtakers on Linden to provide power and steam to their co-located
refinery and chemical plant acts as a mitigant to the risk of the
contracts' expiry within the refinance period.
Most revenue through 2035 is made up of power, market-based
capacity payments and ancillary service revenues primarily in the
NYISO Zone J market, exposing the project to volatile cash flows.
An energy margin hedge provides some short-term revenue protection;
however, Linden is exposed to basis risk because of the current
hedging strategy that entails hedging power prices in NYISO, while
the physical power is produced in Linden, NJ.
Debt Structure - 1 - Weaker
Exposure to Variable Market Rates and Refinance Risk: The
seven-year tenor Term Loan B consists of variable-rate senior
secured indebtedness, mandatory amortization each year equal to 1%
of the initial balance and leverage-driven prepayments. The large
amount of debt outstanding at debt maturity introduces significant
refinance risk common for Term Loan B structures. Linden's
financing includes standard lender protections.
While the Term Loan B ranks equally with other facilities in the
cash waterfall, the revolving facility would be satisfied on a
"first out" basis upon default. Otherwise, the covenants package
includes a backward-looking financial covenant test of 1.10x and a
letter of credit-backed six-month debt service reserve.
Financial Profile
Fitch's rating case incorporates stresses to the sponsors'
assumptions of merchant revenues, capacity factors and heat rates
for Linden units 1-5, an increase to O&M and major maintenance
costs of the entire facility and Fitch SOFR forecast. Fitch revised
base and rating case to reflect lower sweeps resulting in higher
debt balance at refinancing, lower capacity revenue through April
2026 and more favorable terms as a result of recent repricing of
Term Loan B.
A PLCR is a meaningful indicator of financial performance given the
debt structure and refinance risk. Revised base case minimum PLCR
is 1.91x in 2025. Revised rating case minimum PLCR is 1.26x in
2030, which is below the threshold for a 'BB-' rating and if
sustained could result in a negative rating action.
PEER GROUP
Plains End Financing LLC (BB+/Stable) is a contracted cogeneration
plant in Colorado that operates under fixed price tolling-style
PPAs. It is a peaking facility with the cash flow profile
susceptible to fluctuations in project dispatch and operating
costs. Its average rating case coverage of 1.25x, but Fitch views
the projected financial profile as acceptable at the current rating
level. Actual performance has historically been above rating case
levels, and management expects future stable operations through the
remaining life of the debt.
Fitch has privately rated other power projects that are heavily
exposed to merchant price risk. Conventional power projects with
partial market-based exposure or merchant tails generally fall in
the 'BB' rating category. Investment grade merchant projects often
include structural features to partially mitigate revenue risk and
typically face less market-based exposure overall. Lower-rated
merchant projects in the 'B' category often participate in less
transparent or more speculative commodity markets and sometimes
combine this exposure with unproven technology.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Deterioration in the operational and financial profile leading to
rating case PLCRs below 1.35x on a sustained basis;
- Inability to achieve merchant revenues as forecast by the
sponsors' market consultant leading to additional stresses in
Fitch's rating case.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Improvement in the operational and financial profile leading to
rating case PLCRs above 1.50x on a sustained basis;
- Inability to achieve merchant revenues as forecast by the
sponsors' market consultant leading to additional stresses in
Fitch's rating case.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Prior
----------- ------ -----
EFS Cogen Holdings I LLC LT IDR BB- Affirmed BB-
EFS Cogen Holdings I
LLC/Project Revenues
& Assets - First Lien/1 LT LT BB- Affirmed BB-
EKSO BIONICS: Obtains $2 Million Secured Financing From B. Riley
----------------------------------------------------------------
Ekso Bionics Holdings, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Company
entered into a Secured Promissory Note and Security Agreement, by
and among the Company, Ekso Bionics, Inc., a Delaware corporation
and subsidiary of the Company, as guarantor, and B. Riley
Commercial Capital, LLC, as lender.
The Agreement provides for a secured term loan in an aggregate
principal amount of up to $2.0 million. The proceeds of the loan
under the Agreement may be used for working capital for operations
and other general corporate purposes. The loan matures on the
earlier of the receipt of $2.4 million in net proceeds from the
sale of the equity interests of the Company from new equity
investors or September 14, 2026.
Borrowings under the Agreement bear interest at the rate of 10.0%
per annum, which shall be payable in full on the Maturity Date. On
the Maturity Date, the Company shall pay to the Lender an exit fee
in the amount of 10% of the original principal amount of the loan,
which shall in the aggregate be $200,000.
The Company may prepay the obligations under the Agreement at any
time in whole in part; provided, that the Company pays all accrued
but unpaid interest on such portion of the principal prepaid, all
interest that would have accrued through the Maturity Date on such
principal amount prepaid and the portion of the Exit Fee applicable
to such principal amount prepaid. The Lender may elect to convert
the obligations under the Agreement, including the principal,
interest and Exit Fee, into equity securities of the Company in
connection with a Qualified Financing at the purchase price per
share paid by the lead investor thereunder.
The obligations under the Agreement are required to be guaranteed
by the Subsidiary and secured by substantially all of the personal
property of the Company and the Subsidiary. The Agreement also
contains customary affirmative and negative covenants, including
negative covenants limiting the ability of the Company and the
Subsidiary to, among other things, incur debt, grant liens, dispose
of assets, and make certain restricted payments, in each case,
subject to limitations and exceptions set forth in the Agreement.
The Agreement contains various customary events of default that
include, among others, non-payment of principal, interest or fees,
breach of covenants, inaccuracy of representations and warranties,
cross defaults to certain other indebtedness, cross default to
contractual obligations, occurrence of a material adverse effect,
bankruptcy and insolvency events, material judgments, and events
constituting a change of control, subject to thresholds and cure
periods as set forth in the Agreement. Upon the occurrence and
during the continuance of an event of default, the lenders may
accelerate the Company's obligations under the Agreement (including
the Exit Fee and all interest that would have been due on the
Maturity Date) and may exercise certain other rights and remedies
provided for under the Agreement, the other loan documents and
applicable law. Under certain circumstances, a default interest
rate will apply on all obligations during the existence of an event
of default under the Agreement at a per annum rate equal to 5.00%
above the otherwise applicable interest rate.
The foregoing description of the Agreement is a summary and is
qualified in its entirety by the terms and conditions of the
Agreement, which is attached available at
https://tinyurl.com/3ejyhcvc
An affiliate of the Lender may in the future provide certain
commercial banking, financial advisory, and investment banking
services in the ordinary course of business for the Company, its
subsidiaries and certain of its affiliates, for which they will
receive customary fees and commissions.
About Ekso Bionics Holdings
San Rafael, Calif.-based Ekso Bionics Holdings, Inc. designs,
develops, and markets exoskeleton products to augment human
strength, endurance, and mobility.
San Francisco, Calif.-based WithumSmith+Brown PC, the Company's
auditor since 2010, issued a 'going concern' qualification in its
report dated March 3, 2025, citing that the Company has an
accumulated deficit on December 31, 2024 and, since inception, has
suffered significant operating losses and negative cash flows from
operations. The Company expects to generate operating losses and
negative operating cash flows in the future and will require
additional funding to support the Company's planned operations
which raises substantial doubt about its ability to continue as a
going concern.
As of March 31, 2025, Ekso Bionics Holdings had $27.3 million in
total assets, $14.6 million in total liabilities, and total
stockholders' equity of $12.7 million.
ELETSON HOLDINGS: Revives Bid to DQ Reed Smith in Chapter 11
------------------------------------------------------------
Rick Archer of Law360 Bankruptcy Authority reports that oil and gas
shipper Eletson Holdings renewed its bid in New York bankruptcy
court to disqualify Reed Smith, contending that court findings
suggest the law firm's purported client doesn't exist and could be
tied to fraud.
About Eletson Holdings
Eletson Holdings Inc. is a family-owned international shipping
company, which touts itself as having a global presence with
headquarters in Piraeus, Greece as well as offices in Stamford,
Connecticut, and London.
At one time, Eletson claimed to own and operate one of the world's
largest fleets of medium and long-range product tankers and boasted
a fleet consisting of 17 double hull tankers with a combined
capacity of 1,366,497 dwt, 5 LPG/NH3 carriers with a combined
capacity of 174,730 cbm and 9 LEG carriers with capacity of 108,000
cbm.
Eletson Holdings, a Liberian company, is Eletson's ultimate parent
company and is the direct parent and owner of 100% of the equity
interests in the two other debtors, Eletson Finance (US) LLC, and
Agathonissos Finance LLC.
Eletson and its two affiliates were subject to involuntary Chapter
7 bankruptcy petitions (Bankr. S.D.N.Y. Case No. 23-10322) filed on
March 7, 2023 by creditors Pach Shemen LLC, VR Global Partners,L.P.
and Alpine Partners (BVI), L.P. The petitioning creditors are
represented by Kyle J. Ortiz, Esq., at Togut, Segal & Segal, LLP.
On Sept. 25, 2023, the Chapter 7 cases were converted to Chapter 11
cases.
The Honorable John P. Mastando, III is the case judge.
Lawyers at Reed Smith represent the Debtors as bankruptcy counsel.
Riveron RTS served as the Debtors' Domestic Financial Advisor;
Harold Furchtgott-Roth as Economic Expert; and Kurtzman Carson as
Voting Agent.
The U.S. Trustee for Region 2 appointed an official committee of
unsecured creditors. The committee tapped Dechert, LLP as its legal
counsel and FTI Consulting as the Committee's financial advisors.
EP WEALTH: S&P Assigns 'B-' Issuer Credit Rating, Outlook Stable
----------------------------------------------------------------
S&P Global Ratings assigned its 'B-' issuer credit rating to EPW.
At the same time, S&P assigned its 'B-' issue rating with a '3'
recovery rating to its proposed $400 million term loan.
The stable outlook reflects S&P's expectation that over the next 12
months, EPW will continue to grow both organically and through
mergers and acquisitions (M&A), while maintaining S&P Global
Ratings-adjusted debt to EBITDA of 5.0x-6.0x and EBITDA interest
coverage of 3.0x-4.0x.
EP Wealth Advisors LLC (EPW) is issuing a $400 million seven-year
term loan B and a $100 million five-year revolving credit facility
(undrawn at close). S&P expects the company to use the proceeds to
pay down existing debt and finance future acquisitions.
EPW is a wealth management company with $36 billion of assets under
management (AUM) as of June 30, 2025. EPW operates in the
fragmented registered investment advisor (RIA) space with a focus
on the mass affluent and high-net-worth segments.
The 'B-' rating on EPW reflects its long history of organic growth
and integrated operating model, partially offset by limited scale
and a monoline revenue stream.
It also reflects S&P's expectation that the company will maintain
leverage of 5.0x-6.0x, as measured by S&P Global Ratings-adjusted
debt to EBITDA.
S&P said, "EPW has grown both organically and through M&A in its
26-year history, which we expect to continue. Since 2017, EPW has
seen organic net inflows at the higher end of rated peers. EPW has
also actively acquired smaller wealth managers during recent years,
although acquired AUM still represents a minority of overall AUM.
The company's pace of growth through acquisitions has been somewhat
more measured than peers. While we view the strategy as generally
prudent, this has also resulted in a smaller operating scale than
rated peers. The acquired RIAs operate under the single EPW brand
and philosophy, which we believe positions the company well to
integrate any future acquisitions and maximize economies of
scale."
Historically, the company's AUM growth has been supported by high
client and advisor retention. It currently has 19,000 clients
across 192 advisors. The company drives its net new assets
primarily through internal referrals and custodial referral
programs. Its AUM is well diversified by advisor and region, which
S&P views positively.
EPW's single source of revenue is advisory fees. As a fee-only RIA,
EPW derives most of its revenue from management fees on its wealth
AUM, with the blended fee rate in line with peers. S&P views the
absence of earnings from value-added services and retirement assets
as somewhat negative. Client portfolios are diversified across
domestic and international equities, fixed income, cash, and
alternatives, with the average asset allocation tending toward a
60/40 equity-to-fixed income mix.
S&P said, "We forecast EPW's EBITDA margin to remain in line with
similarly rated peers. EPW's S&P Global Ratings-adjusted EBITDA
margins in recent years have largely been in line with similarly
rated peers. A little over 50% of its costs are variable, as
advisors are paid based on a revenue-sharing model. The remaining
fixed costs include non-advisor pay of centralized staff, rent,
technology, and marketing costs. We believe this cost structure
gives the company operating leverage that could improve margins as
AUM grows.
"We expect EPW's S&P Global Ratings-adjusted leverage to remain
5x-6x over the next 12 months. EPW currently operates with adjusted
leverage of 5.0x-6.0x, and we expect it to continue to operate
within this range in the next year, given that it will use the
proposed term loan of $400 million to mainly refinance current
debt. We expect EBITDA interest coverage to be 3.0x-4.0x in the
next 12 months, which is higher than similarly rated peers.
"We expect EPW to remain financial sponsor-owned, with equity
investors retaining over 40% ownership in the company. The company
has a minority investment from Berkshire Partners, and management
is seeking to bring on a new equity investor. However, we expect
control of the operating committee to remain with the company's
management. We expect the equity infusion from the new investor to
bring down leverage modestly, as EPW plans to use the funds for
future acquisitions. We also don't expect sizable dividends to be
paid in the next few years, as the company prioritizes reinvesting
cash into growing the business.
"We rate EPW in line with peers like HighTower, with the lower
expected leverage offsetting EPW's smaller earnings base. We
compare EPW to rated wealth managers HighTower Holding LLC
(B-/Stable/--), and Mariner Wealth Advisors (B-/Positive/--). While
HighTower has larger EBITDA and more diversification across its AUM
and business, its leverage is much higher than that of EPW. Mariner
also has larger AUM, and the positive outlook reflects our
expectation for its leverage to decline to 5.0x-6.0x. All three
RIAs possess solid client and advisor retention and have similar
margins, although the peers have pursued a more acquisitive
business strategy, while EPW's business model is more integrated.
"The stable outlook reflects our expectation that EPW's leverage,
as measured by S&P Global Ratings-adjusted debt to EBITDA, will be
5.0x-6.0x over the next 12 months, while the company continues to
grow its AUM organically and through M&A.
"We could lower our ratings on EPW over the next 12 months if we
view its capital structure as unsustainable, or we expect the
company's liquidity position to become constrained. This could
occur if unfavorable market conditions or heightened competition
hurt revenue and cash flow.
"We could raise the ratings over the next 12 months if the
company's operations grow meaningfully in scale while it expands
EBITDA and maintains or improves its margins. We could also raise
the rating on EPW if leverage declines to below 5.0x and EBITDA
interest coverage remains above 3.0x on a sustained basis, and we
expect financial policy to support those levels."
EVOLUTION ACADEMY: S&P Affirms 'B' Rating on 2010A Revenue Bonds
----------------------------------------------------------------
S&P Global Ratings revised its outlook to stable from negative and
affirmed the 'B' long-term rating on Texas Public Finance Authority
Charter School Finance Corp.'s series 2010A education revenue bonds
and series 2010Q taxable education revenue bonds (qualified school
construction bonds--direct pay), all issued for Evolution Academy
Charter School (EA).
The revised outlook is based on EA's improved operating margins and
stronger liquidity, despite being the result of one-time revenue
received in fiscal 2024. S&P understands management has no plans to
spend down reserves in fiscal 2025 or fiscal 2026 and that it
expects to end both years with at least breakeven operations, which
is materially better than the deficits in prior fiscal years.
S&P said, "We analyzed the school's environmental, social, and
governance (ESG) factors relative to its market position, financial
performance, reserves and liquidity, and debt burden. Physical
risks in Texas are typically elevated in service areas proximate to
the Gulf of Mexico, a region that has experienced increased
incidents of extreme weather such as hurricanes and flooding in
recent years. Given one campus school's proximity to the gulf, we
believe acute events could affect enrollment should population
displacement occur or if chronic physical risk leads to lower
growth. Both could affect our view of the organization's market
position over time. However, the school maintains flood and
hurricane insurance and its primary student base and the location
of facilities in more inland areas of Houston partly mitigate these
risks. We view the school's social and governance factors as
neutral in our credit rating analysis.
"The stable outlook reflects our view that EA will maintain
enrollment near current levels and achieve projected financial
results for fiscal 2025 and fiscal 2026, with no material draws on
liquidity or additional debt plans.
"We could lower the rating if the school fails to achieve is
projected results for fiscal years 2025 and 2026, leading to
further weakening of MADS coverage, or softer liquidity levels. We
could also lower the rating if enrollment materially declines,
which would likely further pressure the school's budget.
"We could consider a positive rating action if the school
demonstrates a trend of structurally balanced operations, improved
MADS coverage, and sustained liquidity at current or higher
levels."
EYECARE PARTNERS: BlackRock Debt Marks $471,000 Loan at 21% Off
---------------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $471,000 loan
extended to EyeCare Partners LLC to market at $369,844 or 79% of
the outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a 2024 Second Out Term Loan B to
EyeCare Partners LLC. The loan accrues interest at a rate of 8.84%,
(6-mo. CME Term SOFR at 0.00% Floor + 1.10%, 3.71% PIK) per annum.
The loan matures on November 30, 2028.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
EyeCare Partners, LLC, headquartered in St. Louis, Missouri, is
medically focused eye care services provider. EyeCare Partners is
vertically integrated, providing optometry, ophthalmology and
retail product.
FCI SAND: Committee Seeks to Tap Porter Hedges as Legal Counsel
---------------------------------------------------------------
The official committee of unsecured creditors appointed in the
Chapter 11 cases of FCI Sand Operations LLC and FCI South, LLC
seeks approval from the U.S. Bankruptcy Court for the Northern
District of Texas to employ Porter Hedges LLP as counsel.
The firm will provide these services:
(a) administer the bankruptcy cases and exercise oversight
with respect to the Debtors' affairs;
(b) assist, advise, and represent the committee in its
communications and negotiations with the Debtors and other
stakeholders regarding the administration of these cases;
(c) assist, advise, and represent the committee in
investigating the acts, conduct, assets, liabilities, and financial
condition of the Debtors, the operation of their businesses, and
any other matters relevant to these cases or the formulation of a
plan;
(d) assist, advise, and represent the committee in analyzing
the Debtors' assets and liabilities, investigating the extent and
validity of liens, and related contested matters;
(e) assist, advise, and represent the committee with respect
to the Debtors' cash collateral issues and potential postpetition
financing transactions;
(f) analyze the Debtors' proposed employee-compensation and
critical vendor payments, and evaluate the propriety of those
programs;
(g) assist, advise, and represent the committee in
participating in the negotiation and formulation of a disclosure
statement and plan of reorganization and advise those represented
by the committee of its determinations as to any plan;
(h) if necessary, request the appointment of a trustee or
examiner as provided for under section 1104 of the Bankruptcy
Code;
(i) communicate with the committee's constituents in
furtherance of its responsibilities;
(j) assist, advise, and represent the committee in any manner
relevant to preserving and protecting the Debtors' estates and the
rights of creditors;
(k) assist, advise, and represent the committee regarding the
evaluation of claims, preferences, fraudulent transfers, and other
actions;
(l) prepare on behalf of the committee all necessary legal
papers;
(m) appear in court and protect the interests of the committee
before the court; and
(n) perform all other legal services for the committee which
may be necessary and proper in these cases and related
proceedings.
The firm will be paid at these hourly rates:
Partners $565 - $1,250
Counsel $450 - $1,195
Associates $450 - $875
Staff Attorneys $340 - $535
In addition, the firm will seek reimbursement for expenses
incurred.
Eric English, an attorney at Porter Hedges, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Eric English, Esq.
Porter Hedges LLP
1000 Main St., 36th Fl.
Houston, TX 77002
Telephone: (713) 226-6000
About FCI Sand Operations LLC
FCI Sand Operations LLC is a sand mining and processing company
based in Marble Falls, Texas.
FCI Sand Operations LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-80481) on July 30,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
Judge Michelle V. Larson oversees the case.
The Debtor is represented by Davor Rukavina, Esq. at Munsch Hardt
Kopf & Harr, P.C.
On Aug. 21, 2025, the United States Trustee for the Bankruptcy
Court for the Northern District of Texas appointed an official
committee of unsecured creditors in these Chapter 11 cases. The
committee tapped Porter Hedges LLP as counsel.
FCI SAND: Committee Taps Dundon Advisers as Financial Advisor
-------------------------------------------------------------
The Official Committee of Unsecured Creditors of FCI Sand
Operations, LLC, et al., seeks approval from the U.S. Bankruptcy
Court for the Northern District of Texas to hire Dundon Advisers
LLC to serve as its financial advisor.
Dundon Advisers will provide these services:
(a) develop a complete understanding of the Debtors' businesses
and their valuations;
(b) assist in the analysis, review, and monitoring of the
restructuring, sale and/or liquidation process, including an
assessment of the unsecured claims pool and potential recoveries
for unsecured creditors;
(c) determine whether there are viable alternative paths for the
disposition of the Debtors' assets;
(d) assist in valuing any bids or term sheets received for the
Debtors' assets;
(e) monitor and, to the extent appropriate, assist the Debtors in
efforts to develop and solicit transactions that would support
unsecured creditor recovery;
(f) assist the Committee to analyze, classify and address claims
against the Debtors and participate in estimating contingent,
unliquidated, and disputed claims;
(g) assist the Committee to identify, preserve, value, and
monetize tax assets of the Debtors, if any;
(h) advise the Committee in negotiations with the Debtors, certain
of the Debtors' lenders, and third parties;
(i) assist the Committee in reviewing the Debtors' current
financial reports, including schedules of assets and liabilities,
cash budgets, and monthly operating reports;
(j) assist the Committee in reviewing historical financial
information of the Debtors;
(k) assist the Committee in reviewing the Debtors' cost/benefit
analysis with respect to the assumption or rejection of various
executory contracts and leases;
(l) review and provide analysis of the present and any subsequent
proposed debtor in-possession financing or use of cash collateral;
(m) review and provide analysis of any proposed disclosure
statement and chapter 11 plan and, if appropriate, assist the
Committee in developing an alternative chapter 11 plan;
(n) attend meetings and assist in discussions with the Committee,
the Debtors, the secured lenders, the U.S. Trustee, and other
parties in interest and professionals;
(o) present at meetings of the Committee, as well as meetings with
other key stakeholders and parties;
(p) provide final review and quality assurance of all materials
created by any retained financial advisor of the Committee before
distributing to other professionals or Committee members;
(q) perform such other advisory services for the Committee as may
be necessary or proper in these proceedings that are not
duplicative with work assigned to other advisors; and
(r) provide testimony on behalf of the Committee as and when
deemed appropriate.
Dundon's current hourly rates are as follows:
Principal $1,090
Managing Director $960
Senior Advisor $960
Senior Director $850
Director $755
Associate Director $650
Senior Associate $495
Associate $350
Dundon Advisers LLC is a "disinterested person" within the meaning
of Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Joshua Nahas
DUNDON ADVISERS INC.
Ten Bank Street, Suite 1100
White Plains, NY 10606 USA
Telephone: (914) 341-1188
Facsimile: (212) 202-4437
E-mail: info@dundon.com
About FCI Sand Operations LLC
FCI Sand Operations LLC is a sand mining and processing company
based in Marble Falls, Texas.
FCI Sand Operations LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-80481) on July 30,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
Judge Michelle V. Larson oversees the case.
The Debtor is represented by Davor Rukavina, Esq. at Munsch Hardt
Kopf & Harr, P.C.
FELTRIM BALMORAL: Gets Extension to Access Cash Collateral
----------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida issued
an interim order allowing Feltrim Balmoral Estates, LLC and its
affiliates to use cash collateral pending a further hearing on
October 9.
The order authorized the Debtors to use cash collateral, which
consists of cash, deposit accounts, account receivables and
proceeds from business operations, subject to compliance with the
Debtors' budgets, with a 10% variance.
The budget shows total operational expenses of $1,75,694.68 from
September to December.
As adequate protection, secured creditors Seacoast National Bank
and Lynk Capital, LLC will be granted continuing and perfected
replacement liens on assets similar to their pre-bankruptcy
collateral, with the same priority, validity and extent as their
pre-bankruptcy liens. In addition, Seacoast will continue to
receive a monthly payment of $5,000.
As further protection, the Debtors were ordered to keep the secured
creditors' collateral insured.
Seacoast is represented by:
Robert A. Cooper, Esq.
Hahn Loeser & Parks LLP
2400 First Street, Suite 300
Fort Myers, FL 33901
Telephone: 239-337-6730
Fax: 239-337-6701
racooper@hahnlaw.com
-- and --
Daniel A. DeMarco, Esq.
Hahn Loeser & Parks LLP
200 Public Square, Suite 2800
Cleveland, OH 44114
Telephone: 216-621-0150
Facsimile: 216-241-2824
dademarco@hahnlaw.com
Lynk Capital is represented by:
Allan E. Wulbern, Esq.
Smith Hulsey & Busey
One Independent Drive, Suite 3300
Jacksonville, FL 32202
(904) 359-7700
(904) 359-7708 (facsimile)
awulbern@smithhulsey.com
About Feltrim Balmoral Estates
Feltrim Balmoral Estates, LLC owns a clubhouse located at 124 Kenny
Blvd., Haines City, Fla., having a fair value of $3 million.
Feltrim Balmoral Estates and its affiliates filed their voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. M.D. Fla. Case No. 24-02122) on April 17, 2024. The case is
jointly administered in Case No. 24-02122.
In the petitions signed by Garrett Kenny, owner and manager,
Feltrim Balmoral Estates disclosed $4,657,697 in assets and
$16,239,519 in liabilities; The Enclave At Balmoral, LLC disclosed
$5,091,844 in assets and $10,565,256 in liabilities; and Balmoral
Estates, LP listed $14,327,306 in assets and $25,909,466 in
liabilities.
Judge Catherine Peek McEwen oversees the cases.
Alberto F Gomez, Jr., Esq., at Johnson Pope Bokor Ruppel & Burns,
LLP is the Debtors' legal counsel.
FIVE RIVERS: Court OKs Stipulation to Use Cash Collateral
---------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California
approved a stipulation allowing Scott Sackett, the court-appointed
examiner for Five Rivers Land Company, LLC, to use funds that may
constitute cash collateral.
The order signed by Judge Scott Clarkson authorized the examiner to
use the lenders' cash collateral except the proceeds from the sale
of so-called processor property, one of Five Rivers' primary
assets.
The sale proceeds are being held by the examiner in a segregated
account.
In case the cash collateral used by the examiner is subject to
liens held by any lender, such lender will be granted a replacement
lien on any funds subsequently brought into the bankruptcy estate.
The replacement lien will have the same priority and validity as
the lenders' pre-bankruptcy lien and does not include any avoidance
actions.
The lenders asserting an interest in the cash collateral are Rabo
Agrifinance, LLC, Trantexa, LLC, and the so-called Falcon Group,
which includes Falcon Investments, LLC.
Rabo Agrifinance is represented by:
Valerie Bantner Peo, Esq.
Arlen P. Moradi, Esq.
Buchalter, A Professional Corporation
425 Market Street, Suite 2900
San Francisco, CA 94105-3493
Telephone: (415) 227-0900
vbantnerpeo@buchalter.com
amoradi@buchalter.com
Trantexa is represented by:
Jacob M. Faircloth, Esq.
Bluestone Faircloth & Olson, LLP
1825 Fourth Street
Santa Rosa, CA 95404
Telephone: (707) 526-4250
Facsimile: (707) 526-0347
jacob@bfolegal.com
Falcon Group is represented by:
Allan D. Sarver, Esq.
Law Office of Allan D. Sarver
16000 Ventura Boulevard, Suite 1000
Encino, CA 91436
Telephone: (818) 981-0581
Facsimile: (818) 981-0026
ADS@asarverlaw.com
About Five Rivers Land Company
Five Rivers Land Company, LLC is engaged in fruit and tree nut
farming in Newport Beach, Calif.
Five Rivers Land Company filed Chapter 11 petition (Bankr. C.D.
Calif. Case No. 23-11167) on June 6, 2023, listing between $10
million and $50 million in both assets and liabilities.
Judge Theodor Albert oversees the case.
The Debtor tapped Garrick A. Hollander, Esq., at Winthrop Golubow
Hollander, LLP as bankruptcy counsel and Katten Muchin Rosenman,
LLP as special litigation counsel.
Scott M. Sacket has been appointed as examiner in the case. The
examiner is represented by Sheppard, Mullin, Richter & Hampton,
LLP.
FRANCHISE GROUP: Sues Buyers Over Former CEO's Improper Role
------------------------------------------------------------
Randi Love reports that Franchise Group Inc. sued former executives
who acquired certain American Freight assets during bankruptcy,
saying the investors hired the company's former CEO Brian Kahn and
breached an oral agreement related to contractual obligations.
FRG, which gained court approval for its bankruptcy exit plan in
April 2025, was allowed to sell about 30 AF store leases for about
$1 million in January to AF Newco I LLC, led by investors including
Michael Piper and Brent Turner, according to Bloomberg Law.
About Franchise Group Inc.
Franchise Group, Inc., through its subsidiaries, operates
franchised and franchisable businesses including The Vitamin
Shoppe, Pet Supplies Plus, LLC, Badcock Home Furniture & More,
American Freight, Buddy's Home Furnishings and Sylvan Learning
Systems, Inc.
Franchise Group, Inc. and its affiliates filed their voluntary
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
D. Del. Lead Case No. 24-12480) on Nov. 3, 2024, listing
$1,000,000,001 to $10 billion in both assets and liabilities. The
petitions were signed by David Orlofsky as chief restructuring
officer.
Willkie Farr & Gallagher LLP and Young Conaway Stargatt & Taylor,
LLP are serving as legal counsel, AlixPartners is serving as
financial advisor and Chief Restructuring Officer, and Ducera
Partners is serving as investment banker to the Company. Paul
Hastings LLP is serving as legal counsel and Lazard is serving as
investment banker to the first lien ad hoc group.
GENESIS HEALTHCARE: Warns Legal Fees Endanger Bankruptcy Process
----------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that Genesis
Healthcare cautioned that escalating legal fees from counsel
representing the unsecured creditors' committee and patient care
advocates could drive its Chapter 11 case into administrative
insolvency.
In a Tuesday, September 23, 2025, filing with the U.S. Bankruptcy
Court for the Northern District of Texas, the nursing home operator
asked that the committee clarify the division of responsibilities
between Proskauer Rose LLP and Stinson LLP to prevent duplicative
work, according to the report.
Genesis noted the committee's professionals exhausted a $6 million
budget in August alone and projected comparable fees for September
and October 2025.
About Genesis Healthcare Inc.
Genesis Healthcare Inc. is a Medical Group, based in Culver City,
CA. The medical group, which has also operated under the names
Daehan Prospect Medical Group and Prospect Genesis Healthcare,
provides physician services in Southern California.
Genesis Healthcare Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case 25-80185) on July 9, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtor is represented by Marcus Alan Helt, Esq. at Mcdermott
Will & Emery LLP.
The U.S. Trustee for Region 11 appointed Michael Bubman of BFW, LLC
and Sunset-Herman-Frankel-Fleishman, LLC and Peter Gudaitis of
Aculabs, Inc., as additional members of the official committee of
unsecured creditors in the Chapter 11 cases of Genesis Healthcare
Inc. and affiliates.
The Committee retained Proskauer Rose LLP and Stinson LLP as its
co-counsel.
GOODTEAM GROUP: Seeks Chapter 7 Bankruptcy in Nevada
----------------------------------------------------
On Sept. 22, 2025, Goodteam Group LLC sought Chapter 7 protection
in Nevada’s bankruptcy court, case no. 25-15570. Filings show
debts valued between $0 and $100,000, with the debtor reporting
1–49 creditors.
About Goodteam Group LLC
Goodteam Group LLC is a single real estate company.
Goodteam Group LLC sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. D. Nev. Case No. 25-15570) on September 22,
2025. In its petition, the Debtor reports estimated assets and
liabilities up to $100,000.
Honorable Bankruptcy Judge Mike K. Nakagawa handles the case.
The Debtor is represented by Michael M. Lin, Esq. of Lin Law Group
A Professional Law Corp.
GULF STREAM: Case Summary & Three Unsecured Creditors
-----------------------------------------------------
Debtor: Gulf Stream Manor MHC, LLC
8511 Gulf Highway
Lake Charles, LA 70607
Business Description: Gulf Stream Manor MHC, LLC, also known as
Gulf Stream Manor Mobile Park, operates a
manufactured housing community in Lake
Charles, Louisiana, providing rental homes
and lots for residents. The property offers
amenities such as off-street parking,
recreational facilities, and access to
nearby schools, shopping areas, and parks.
The community is locally owned and managed,
serving families and individuals in the Lake
Charles area.
Chapter 11 Petition Date: September 24, 2025
Court: United States Bankruptcy Court
Western District of Louisiana
Case No.: 25-20473
Judge: Hon. John W. Kolwe
Debtor's Counsel: Wade N. Kelly, Esq.
WADE N KELLY, LLC
Packard LaPray
2201 Oak Park Boulevard
Lake Charles, LA 70601
Tel: 337-431-7170
E-mail: staff@packardlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by William Rodwell as managing member.
A full-text copy of the petition, which includes a list of the
Debtor's three unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/6DQLO2A/Gulf_Stream_Manor_MHC_LLC__lawbke-25-20473__0001.0.pdf?mcid=tGE4TAMA
HALL OF FAME: Buyer Parties Delay Merger Termination to Sept. 30
----------------------------------------------------------------
As previously disclosed, on September 5, 2025, the Company received
a Notice of Intent to Terminate the Merger Agreement and
Non-Extension of Note & Security Agreement from the buyer parties
and certain of their affiliates.
Pursuant to the Notice, HOFV Holdings, LLC ("Parent"), Omaha Merger
Sub, Inc. (the "Merger Sub" and together with Parent, the "Buyer
Parties") and CH Capital Lending, LLC provided written notice of
their intention to terminate the Merger Agreement under Section
8.1(e) on September 17, 2025, due to the Company's failure to
perform its obligations thereunder.
On September 16, 2025, the Company received a letter from the Buyer
Parties and certain of their affiliates providing that in
consideration of the agreements set forth in the Tenth Amendment,
the termination date of September 17, 2025 had been extended to
September 30, 2025, and further, Parent agreed to forbear from
exercising its rights and remedies under the Merger Agreement,
prior to such date, absent any earlier default by the Company of
any of its obligations under and pursuant to the Merger Agreement
other than the obligations arising under Section 7.2(g) of the
Merger Agreement with respect to receipt of third party consents to
the transaction from the holders of the Company's 8% Convertible
Notes due 2025.
If the Company is unable to resolve the asserted default under the
Merger Agreement, the foregoing would be expected to have a
material adverse effect on the Company's liquidity and financial
condition and may render the Company insolvent and unable to
sustain its operations and continue as a going concern. No
assurance can be provided that the Company will be able to
refinance, restructure or repay its indebtedness or to continue as
a going concern.
The foregoing information is a summary of the material terms of the
Letter described above, is not complete, and is qualified in its
entirety by reference to the full text of the Letter, a copy of
which is available at https://tinyurl.com/mvtyhucx
About Hall of Fame Resort
Hall of Fame Resort & Entertainment Co. is a resort and
entertainment company leveraging the power and popularity of
professional football and its legendary players in partnership with
the National Football Museum, Inc., doing business as the Pro
Football Hall of Fame. Headquartered in Canton, Ohio, the Company
owns the DoubleTree by Hilton located in downtown Canton and the
Hall of Fame Village, which is a multi-use sports, entertainment,
and media destination centered around the PFHOF's campus.
Cleveland, Ohio-based Grant Thornton LLP, the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated March 26, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has sustained recurring losses through December 31, 2024 and
utilized cash from operations of $10.9 million during the year
ended December 31, 2024. The Company has $109.5 million of debt due
through December 31, 2025, and will need to raise additional
financing to accomplish its development plans and fund its working
capital. These conditions, along with other matters, raise
substantial doubt about the Company's ability to continue as a
going concern.
As of Dec. 31, 2024, the Company had $366.7 million in total
assets, $294.5 million in total liabilities, and a total equity of
$72.2 million. As of June 30, 2025, the Company had $360.5 million
in total assets, $315.7 million in total liabilities, and $44.8
million in total equity.
HALL OF FAME: Expands Credit Facility to $17M via Tenth Amendment
-----------------------------------------------------------------
Hall of Fame Resort & Entertainment Company disclosed in a Form 8-K
filed with the U.S. Securities and Exchange Commission that the
Company and its subsidiaries HOF Village Newco, LLC, HOF Village
Retail I, LLC, and HOF Village Retail II, LLC, entered into a Tenth
Amendment to the Note and Security Agreement with CH Capital
Lending, LLC, a Delaware limited liability company. CHCL is an
affiliate of Stuart Lichter, a director of the Company.
The Tenth Amendment modifies the definition of "Facility Amount" in
Section 1 of the original Note and Security Agreement (as amended
prior to the Tenth Amendment) to increase the facility amount from
$15,000,000 to $17,000,000 allowing the Borrowers to request an
additional $2,000,000 for general corporate purposes, subject to
certain restrictions.
Additionally, the Tenth Amendment introduces a new definition for
"IRG Affiliate Debt Documents," extends the definition of "Maturity
Date" and amends the cross-default provision to reflect the updated
terms relating to affiliated debt instruments.
The Tenth Amendment also acknowledges that the Company's Board of
Directors has authorized and directed management to prepare and
execute all necessary agreements to transfer the collateral for the
loans and other financial accommodations issued and outstanding
pursuant to the Note and Security Agreement and the IRG Affiliate
Debt Documents to CHCL and its affiliates upon an event of default
under such debt instruments, which may include carrying out such
transfer by deed in lieu of foreclosure.
The full text of the Tenth Amendment is available at
https://tinyurl.com/ec8a2v9e
About Hall of Fame Resort
Hall of Fame Resort & Entertainment Co. is a resort and
entertainment company leveraging the power and popularity of
professional football and its legendary players in partnership with
the National Football Museum, Inc., doing business as the Pro
Football Hall of Fame. Headquartered in Canton, Ohio, the Company
owns the DoubleTree by Hilton located in downtown Canton and the
Hall of Fame Village, which is a multi-use sports, entertainment,
and media destination centered around the PFHOF's campus.
Cleveland, Ohio-based Grant Thornton LLP, the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated March 26, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has sustained recurring losses through December 31, 2024 and
utilized cash from operations of $10.9 million during the year
ended December 31, 2024. The Company has $109.5 million of debt due
through December 31, 2025, and will need to raise additional
financing to accomplish its development plans and fund its working
capital. These conditions, along with other matters, raise
substantial doubt about the Company's ability to continue as a
going concern.
As of Dec. 31, 2024, the Company had $366.7 million in total
assets, $294.5 million in total liabilities, and a total equity of
$72.2 million. As of June 30, 2025, the Company had $360.5 million
in total assets, $315.7 million in total liabilities, and $44.8
million in total equity.
HEART 2 HEART: Quality of Care Maintained, 3rd PCO Report Says
--------------------------------------------------------------
Deborah Fish, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Northern District of West Virginia her
third report regarding the quality of patient care provided by
Heart 2 Heart Volunteer's, Inc.
In her report, which covers the period from July 15 to September
17, the PCO stated that the healthcare provider is currently
understaffed, however, modifications and schedule arrangements were
made to properly address the program requirements. Heart 2 Heart
Volunteer's is trying to manage the fiscal fine line of increasing
the resident census while maintaining sufficient staff to provide
proper resident care.
The PCO reported that Heart 2 Heart does not have any reported
supply or vendor issues. She reviewed the complaints that were
submitted during this reporting period, followed up with the chief
executive officer, and confirmed those complaints were properly
addressed and resolved.
The PCO noted that pursuant to Section 333 (b) (3), the quality of
patient care provided to residents of Heart 2 Heart has been
maintained and is not being materially compromised. Although
staffing remains a challenge, operations are stable as current
employees continue to meet resident needs and program
requirements.
Ms. Fish reported that Heart 2 Heart Volunteer's has been
responsive to her communications and provided access to employees.
The PCO noted that the clinical and administrative teams remain
committed to resident care and program completion while
improvements are necessary and ongoing.
The ombudsman may be reached at:
Deborah L. Fish
211 West Fort Street
Suite 705
Detroit, MI 48226
313.309.3171
Email: dfish@allardfishpc.com
About Heart 2 Heart Volunteers Inc.
Heart 2 Heart Volunteers Inc., doing business as Serenity Hills
Life Center, operates three addiction recovery centers and
treatment facilities.
Heart 2 Heart Volunteers sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D.W. Va. Case No. 25-00087) on February
27, 2025. In its petition, the Debtor reported between $1 million
and $10 million in both assets and liabilities.
Judge David L. Bissett oversees the case.
The Debtor is represented by Kirk B. Burkley, Esq., at
Bernstein-Burkley, P.C.
Deborah L. Fish is the patient care ombudsman appointed in the
Debtor's Chapter 11 case.
HERTZ CORP: BlackRock Debt Marks $1.01MM Loan at 17% Off
--------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $1,012,000 loan
extended to Hertz Corp to market at $839,127 or 83% of the
outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a 2021 Term Loan B to Hertz
Corp. The loan accrues interest at a rate of 8.04% (3-mo. CME Term
SOFR at 3.76%) per annum. The loan matures on June 30, 2028.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Hertz is a global car rental company.
HERTZ CORP: BlackRock Debt Marks $199,000 Loan at 17% Off
---------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $199,000 loan
extended to Hertz Corp to market at $164,733 or 83% of the
outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a 2021 Term Loan C to Hertz
Corp. The loan accrues interest at a rate of 8.04% (3-mo. CME Term
SOFR at 3.76%) per annum. The loan matures on June 30, 2028.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Hertz is a global car rental company.
HERTZ CORP: S&P Rates New $250MM Exchangeable Notes 'CCC+'
----------------------------------------------------------
S&P Global Ratings assigned its 'CCC+' issue-level rating and '6'
recovery rating to The Hertz Corp.'s proposed $250 million
exchangeable unsecured notes due 2030. The '6' recovery rating
indicates its expectation that lenders would receive negligible
(0%-10%; rounded estimate: 0%) recovery of their principal in the
event of a payment default.
Hertz, a subsidiary of Hertz Global Holdings Inc., will use the net
proceeds from this proposed issuance (net of the cost of entering a
capped call transaction concurrent with this transaction, as well
as other general transaction expenses) to fund the partial
redemption or repurchase of its outstanding $500 million senior
unsecured notes due 2026 on or before December 31, 2025. S&P
believes the proposed issuance will be modestly credit positive
since it will improve the company's liquidity position and reduce
refinancing risks associated with the upcoming debt maturity.
S&P said, "Our 'B' issuer credit rating and negative outlook are
unchanged. The negative outlook reflects our view that we could
lower the rating if EBIT interest coverage remains well below 1x
while debt to capital remains above 90%, liquidity deteriorates
beyond our expectations, or the company pursues a transaction that
we view as equivalent to a default.
"We forecast that EBIT interest coverage will improve to the
1x-1.3x area in 2025, up from negative levels in 2024, largely
because of reduced fleet-related expenses. We also expect debt to
capital to remain above 90% in 2025 and funds from operations to
debt in the 8%-13% range (compared with 99.2% and 10.9%,
respectively, in 2024)."
Issue Ratings--Recovery Analysis
Key analytical factors
S&P said, "Our simulated default scenario anticipates a default in
2028, led by a significant, prolonged disruption of business and
leisure travel, as well as a substantial decline in used vehicle
values.
"In estimating the enterprise value at emergence, we offset the
asset-backed debt against the value of the vehicles.
"We think that, if Hertz were to default, a viable business model
would remain because of the company's extensive location network
and strong brand awareness. We also believe debtholders would
achieve the greatest recovery value through reorganization rather
than through liquidation. In addition, we would not expect
international operations to be included in the reorganization.
"We evaluate the company as a going concern on a discrete asset
basis using current book values as reported. Our valuations reflect
our estimate of the distressed value of the various assets,
including intangibles like the trade name. Specifically, we apply a
90% realization rate to the net book value of Hertz's vehicles.
This realization rate reflects the resilience of the used car
market and is consistent with our assumption for the fleet at peer
Avis Budget Car Rental LLC.
"Also, we assume that, if Hertz were to default, it would preserve
the majority of its remaining highly desirable on-airport locations
and therefore would reject only 10% of its operating leases."
Simplified waterfall
-- Net enterprise value (after 3% administrative costs): $15.0
billion
-- Valuation split (U.S./international): 87%/13%
-- Collateral value available to revolver, term loan B, and
incremental term loan claims (value excludes vehicle and restricted
cash pledged to securitization facilities): $2.9 billion
-- Revolver, term loan B, and incremental term loan claims
estimated at default (includes estimated deficiency claims from
securitization facilities): $4.9 billion
--Recovery expectations for the first-lien revolver and term
loan facilities: 50%-70% (rounded estimate: 55%)
-- Total value available to second-lien and unsecured claims: $0
-- Total second-lien and unsecured claims estimated at default
(includes senior unsecured notes, secured deficiency claims, and
rejected lease claims): $4.2 billion
--Recovery expectations for the second-lien and unsecured
facilities: 0%-10% (rounded estimate: 0%).
Notes: All debt amounts include six months of prepetition interest.
Collateral value equals the asset pledge from obligors after
priority claims, plus the equity pledge from nonobligors after
nonobligor debt. Other valuation assumptions include LIBOR/SOFR of
250 basis points at default and a 100% draw on the U.S. cash flow
revolving credit facility.
HORSEY DENISON: Hires RE/MAX Advantage Realty as Broker
-------------------------------------------------------
Horsey Denison Properties, LLC seeks approval from the U.S.
Bankruptcy Court for the District of Maryland to hire RE/MAX
Advantage Realty to serve as broker in its Chapter 11 case.
RE/MAX will provide these services:
(a) market the Debtor's real property located at 8809 Oxon Hill
Road and 8901 Oxon Hill Road, Fort Washington, MD;
(b) identify prospective buyers and conduct negotiations for the
sale of the Property;
(c) facilitate marketing and sale efforts with respect to the
Property; and
(d) perform all other customary real estate brokerage services
necessary for the successful sale of the Property.
As compensation, RE/MAX will receive a commission based on a
percentage of the sales price, subject to Court approval and
disbursement at settlement.
According to court filings, RE/MAX is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code and
holds no interest adverse to the Debtor's estate.
The firm can be reached at:
Rob Foy
RE/MAX Advantage Realty
6021 University Boulevard, Suite 100
Ellicott City, MD 21043
About Horsey Denison Landscaping LLC
Horsey Denison Landscaping LLC is a landscaping company based in
Fort Washington, Maryland. It provides design and build services
such as landscape installation, hardscaping, low-voltage lighting,
and irrigation. Horsey Denison fully owns Denison Farms LLC, also
formed in 2021, and Denison Landscaping Inc., a corporation
established in 1990. The Company is affiliated with Horsey Denison
Properties LLC, a Delaware-based entity co-owned equally by Robert
E. Horsey and David W. Horsey. Horsey Denison Landscaping LLC and
its affiliates sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Md. Case No.25-14103) on May 6, 2025. In
its petition, Horsey Denison Landscaping reports estimated assets
and liabilities between $1 million and $10 million each.
Judge Lori S. Simpson oversees the case.
The Debtors are represented by Paul Sweeney, Esq., at YVS Law,
LLC.
First National Bank, as lender, is represented by:
David V. Fontana, Esq.
Gebhardt & Smith LLP
One South Street, Suite 2200
Baltimore, Maryland 21202
Tel: (410) 385-5053
Fax: (443) 957-1832
E-mail: dfont@gebsmith.com
HOUSING NORTHWEST: S&P Affirms 'BB-' Rating on 2016A Bonds
----------------------------------------------------------
S&P Global Ratings affirmed its 'BB-' rating on Oregon Facilities
Authority's series 2016A bonds, issued for Housing Northwest Inc.'s
(HNW) Clifton House project, also known as The Amy.
The outlook is stable.
S&P said, "We analyzed project's environmental, social, and
governance factors related to the university's market position and
financial performance. We view these factors as neutral in our
analysis.
"The stable outlook reflects our view that project occupancy will
remain stable within the outlook period and that HNW will continue
to support the project such that debt service coverage (DSC)
covenant requirements are met without draws on the debt service
reserve fund (DSRF).
"We could consider a negative rating action if the project is
unable to meet its 1.20x DSC requirement, or the project sees
material decreases in occupancy that fundamentally cause lower
coverage. We could also consider a negative rating action if the
project's DSRF is used to meet coverage requirements. A weakening
of HNW's credit strength might pressure the project, given the
moderately strategic status of the project relative to HNW.
"We could consider a positive rating action if occupancy remains
stable and coverage increases to a level that satisfies covenant
requirements annually without HNW support. We could also consider a
positive rating action if HNW's credit profile improves such that
we view the project's strategic status relative to HNW more
favorably."
HRZN INC: Seeks to Hire Buechler Law Office as Bankruptcy Counsel
-----------------------------------------------------------------
HRZN Inc., doing business as Horizon Landscaping, Inc., doing
business as Plant Escape, Inc., seeks approval from the U.S.
Bankruptcy Court for the District of Colorado to employ Buechler
Law Office, LLC as counsel.
The firm will render these services:
(a) prepare on behalf of the Debtor all necessary legal papers
required in this Chapter 11 proceeding;
(b) perform all legal services for the Debtor which may become
necessary herein; and
(c) represent the Debtor in any litigation which it determines
is in the best interest of the estate.
The firm will be paid at these following hourly rates:
K. Jamie Buechler, Attorney $525
David Rich, Attorney $525
Paralegals $125
The firm received a retainer of $25,000 from the Debtor.
Ms. Buechler disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
K. Jamie Buechler, Esq.
10901 W. 120th Avenue, Suite 130
Broomfield, CO 80021
Telephone: (720) 381-0045
Facsimile: (720) 381-0382
Email: Jamie@KJBlawoffice.com
About HRZN Inc.
HRZN Inc. is a Colorado company, founded in 1983, that provides
commercial landscaping and grounds maintenance services including
lawn care, irrigation, snow removal, and landscape enhancements. It
also offers interior plantscaping through its Plant Escape brand,
serving businesses, property managers, and commercial clients
across the Denver metro area.
HRZN Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Colo. Case No. 25-15925) on September 15, 2025. In
its petition, the Debtor reports estimated assets between $100,000
and $500,000 and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Michael E. Romero handles the case.
The Debtor is represented by K. Jamie Buechler, Esq., at Buechler
Law Office, LLC.
HYPERSCALE DATA: Sets Oct. 10 Payment for Series D and E Dividends
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Hyperscale Data, Inc. announced that its Board of Directors has
declared a monthly cash dividend of $0.2708333 per share of the
Company's outstanding 13.00% Series D Cumulative Redeemable
Perpetual Preferred Stock. The record date for this dividend is
September 30, 2025, and the payment date is Friday, October 10,
2025.
Link to NYSE quote for the Company's 13.00% Series D Cumulative
Redeemable Perpetual Preferred Stock:
https://www.nyse.com/quote/XASE:GPUSpD
The Company also announced that the Board has declared a monthly
cash dividend of $0.20833 per share of the Company's outstanding
10.00% Series E Cumulative Redeemable Perpetual Preferred Stock.
The record date for this dividend is September 30, 2025, and the
payment date is Friday, October 10, 2025.
For more information on Hyperscale Data and its subsidiaries,
Hyperscale Data recommends that stockholders, investors, and any
other interested parties read Hyperscale Data's public filings and
press releases available under the Investor Relations section at
hyperscaledata.com or available at www.sec.gov.
About Hyperscale Data
Headquartered in Las Vegas, Nevada, Hyperscale Data, Inc., formerly
known as Ault Alliance, Inc., is transitioning from a diversified
holding company pursuing growth by acquiring undervalued businesses
and disruptive technologies with a global impact to becoming solely
an owner and operator of data centers to support high performance
computing services. Through its wholly and majority-owned
subsidiaries and strategic investments, Hyperscale Data owns and
operates a data center at which it mines digital assets and offers
colocation and hosting services for the emerging artificial
intelligence ecosystems and other industries. It also provides,
through its wholly owned subsidiary, Ault Capital Group, Inc.,
mission-critical products that support a diverse range of
industries, including an artificial intelligence software platform,
social gaming platform, equipment rental services,
defense/aerospace, industrial, automotive, medical/biopharma and
hotel operations. In addition, Hyperscale Data is actively engaged
in private credit and structured finance through a licensed lending
subsidiary.
New York, N.Y.-based Marcum LLP, the Company's auditor since 2016,
issued a "going concern" qualification in its report dated April
15, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended Dec. 31, 2024, citing that the Company has a
significant working capital deficiency, has incurred significant
losses and needs to raise additional funds to meet its obligations
and sustain its operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
As of June 30, 2025, the Company had $213.50 million in total
assets, $205.60 million in total liabilities, and $7.90 million in
total stockholders' equity.
INGENOVIS HEALTH: BlackRock Debt Marks $539,000 Loan at 48% Off
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BlackRock Debt Strategies Fund, Inc. has marked its $539,000 loan
extended to Ingenovis Health, Inc to market at $279,225 or 52% of
the outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a 2021 First Lien Term Loan to
Ingenovis Health, Inc. The loan accrues interest at a rate of 7.88%
(3-mo. CME Term SOFR at 0.50% Floor + 3.60%) per annum. The loan
matures on November 1, 2028.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Ingenovis Health is an Ohio based temporary healthcare staffing
agency providing nurses on assignments to hospitals and medical
centers, including both traditional and fast response staffing,
across the US. The company also supplies nurses during strikes and
provides interventional cardiologists for rural and remote
hospitals. Ingenovis is majority owned by Cornell and Trilantic
Capital Partners (the Investor Group).
INSPIREMD INC: Danny Dearen Appointed Audit Committee Chair
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InspireMD, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that Thomas J. Kester, a Class
III member of the board of directors, a member of the compensation
committee of the Board, and the chairman of the audit committee of
the Board, tendered his resignation from the Board, effective
September 16, 2025.
Mr. Kester's resignation from the Board was not due to any
disagreement with the Company, the Board or the management of the
Company on any matter relating to the Company's operations,
policies, practices or otherwise.
On September 16, 2025, the Board appointed Danny Lee Dearen Jr. as
a Class III member of the Board, effective as of that date, with a
term expiring at the Company's 2026 annual meeting of stockholders.
In connection with his appointment, Mr. Dearen was also appointed
as the chairman of the Audit Committee and a member of the
Compensation Committee.
In connection with his appointment, on September 16, 2025, Mr.
Dearen was granted:
(a) options to purchase shares of common stock, and
(b) restricted shares of the Company's common stock under the
Company's 2021 Equity Compensation Plan, with the aggregate value
of such grant being approximately $180,000 and allocated 75% in
Restricted Stock and 25% in Options.
The Options have an exercise price equal to the closing price of
the Company' common stock on the date of grant and have a term of
10 years from the date of grant. The Options and the Restricted
Stock will vest and become exercisable on the one-year anniversary
of the date of the grant, subject to Mr. Dearen's continued service
to the Company, provided that in the event that Mr. Dearen is
either:
(i) not reelected as a director at the Company's 2026 annual
meeting of stockholders, or
(ii) not nominated for reelection as a director at the
Company's 2026 annual meeting of stockholders, any unvested Options
or Restricted Stock will vest in full and become exercisable on the
date of the decision not to reelect or nominate him (as
applicable).
Mr. Dearen has served as a member of the board of directors of Beta
Bionics, Inc. (Nasdaq: BBNX), a medical device company engaged in
the design, development, and commercialization of innovative
solutions to improve the health and quality of life of
insulin-requiring people with diabetes, since October 2024. Mr.
Dearen previously worked at Axonics, Inc. (Nasdaq: AXNX), a medical
device company, serving as Chief Operating Officer and Chief
Financial Officer from October 2013 to August 2018 and as President
and Chief Financial Officer from August 2018 to October 2023.
Previously, he served as Chief Operating Officer and Chief
Financial Officer of Vessix Vascular Inc. from July 2009 to
November 2012, Chief Financial Officer of Miraval Holding from
December 2004 to November 2008, and Chief Financial Officer of
Q3DM, Fairbanks Systems Group, ESI Software, and Medication
Delivery Devices from January 1995 to November 2004. Mr. Dearen
also serves on the boards of several privately held companies,
including JenaValve Technology, Inc., a developer and manufacturer
of transcatheter aortic valve replacement systems, since January
2023. He previously served on the board of directors of Endotronix,
Inc., a developer and manufacturer of digital health management
solutions for patients suffering from heart failure, from March
2021 until its acquisition by Edwards Lifesciences in August 2024.
Mr. Dearen received his B.B.A. in Accounting and Business from
Southern Methodist University and his M.B.A. from Boston College.
The Board has determined that Mr. Dearen is independent under the
applicable rules of the SEC and The Nasdaq Stock Market and is an
"audit committee financial expert" within the meaning of Item
407(d)(5) of Regulation S-K.
Since the beginning of Company's last fiscal year, the Company has
not engaged in any transaction, or any currently proposed
transaction, in which Mr. Dearen had or will have a direct or
indirect material interest that would require disclosure pursuant
to Item 404(a) of Regulation S-K promulgated by the SEC.
Mr. Dearen will participate in the Company's standard non-employee
director compensation arrangements which includes the right to
annual cash payments with respect to Board and applicable committee
service and an annual grant of equity awards under the Company's
equity compensation plans.
In connection with Mr. Kester's resignation from the Board, in
recognition of the dedicated service of Mr. Kester to the Company,
and notwithstanding the termination of Mr. Kester's service, the
Compensation Committee approved the acceleration of unvested equity
awards held by Mr. Kester, the extension of the expiration dates of
stock option awards held by Mr. Kester for a period of two years
from the effective date of Mr. Kester's resignation from the Board,
the payment of four additional quarters of Board, Audit Committee
chairman and Compensation Committee member fees, and the grant of
shares of the Company's common stock and Options, at an exercise
price for the Options equal to the closing fair market value of the
Company's common stock on September 15, 2025, in an aggregate
amount of approximately $120,000 allocated 75% in common stock and
25% in Options.
About InspireMD
Headquartered in Tel Aviv, Israel, InspireMD, Inc. --
http://www.inspiremd.com/-- is a medical device company focusing
on the development and commercialization of its proprietary
MicroNet stent platform technology for the treatment of complex
vascular and coronary disease. A stent is an expandable
"scaffold-like" device, usually constructed of a metallic material,
that is inserted into an artery to expand the inside passage and
improve blood flow. Its MicroNet, a micron mesh sleeve, is wrapped
over a stent to provide embolic protection in stenting procedures.
Tel-Aviv, Israel-based Kesselman & Kesselman, the Company's auditor
since 2010, issued a 'going concern' qualification in its report
dated March 12, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended December 31, 2024, citing that the
Company has suffered recurring losses from operations and cash
outflows from operating activities that raise substantial doubt
about its ability to continue as a going concern.
As of December 31, 2024, the Company had $46.8 million in total
assets, $10.7 million in total liabilities, and $36.1 million in
total stockholders' equity.
IOK TECHNOLOGY: Claims to be Paid from Continued Operation
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IOK Technology, LLC filed with the U.S. Bankruptcy Court for the
Southern District of Indiana a Combined Small Business Chapter 11
Plan of Reorganization and Disclosure Statement dated September 17,
2025.
Benny Garland, the Debtor's principal, has been running his own
small machine shop since at least 2009. This one, like most,
specializes in small piece manufacturing for assemblers of other
products, including the US government.
Covid was challenging for the business because of supply chain
issues but the big problem it faced was a potentially large order
from a customer that required significant out of pocket and set up
expenses to make a first run that was supposed to be the beginning
of a long-term high-volume relationship, so Benny focused on that
opportunity. Unfortunately, after committing nearly half a million
dollars to that client, it cancelled its future orders and never
returned to the business. Those defaults lead to the filing of this
case.
Cash generated by ongoing operations shall first be used to fund
administrative expenses, including professional and case Trustee
fees and expenses, secured and lease claims, and operating
expenses. The Plan pays priority claims in accordance with the
treatment allowed under the Code, although no such claims are known
at this time.
The Debtor has reached terms with one of its equipment lenders and
this plan treats the other one as fully secured so it is expected
those creditors will support the Plan. After satisfaction of these
claims, general unsecured creditors shall be paid pro rata out of
all remaining Plan payments.
The Plan shall last for 59 months following the first payment made
under it, which is due within 30 days of the date the Confirmation
Order becomes a Final Order.
Class 3 consists of Allowed General Unsecured Claims, including the
deficiency claims of SBA which claims shall receive a pro rata
payment after satisfaction of the superior class claims treated
under the Plan up to the full amount of the allowed claim of such
creditor. Such claims shall be allowed, settled, compromised,
satisfied and paid by a quarterly distribution of the net
disposable income of the Debtor for the preceding quarter, for 20
quarters following confirmation of the Plan. Payment of such claims
is expressly subordinate to the payment of priority claims under
this Plan. Class 3 is impaired and is entitled to vote on the
Plan.
Class 4 consists of the Equity Interests, which interests shall be
retained by existing interest owners.
The Debtor shall continue to operate its business in accordance
with the projection of income, expense and cash flow attached
hereto and shall pay its projected net after tax cash profit to
satisfy creditor claims herein.
A full-text copy of the Combined Plan and Disclosure Statement
dated September 17, 2025 is available at
https://urlcurt.com/u?l=6mxzD2 from PacerMonitor.com at no charge.
Counsel to the Debtors:
KC Cohen, Esq.
KC Cohen, Lawyer, PC
1915 Broad Ripple Ave.
Indianapolis, IN 46220
Telephone: (317) 715-1845
Facsimile: (317) 636-8686
Email: kc@smallbusiness11.com
About IOK Technology, LLC
IOK Technology, LLC, operates a machine shop.
IOK Technology sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-90702) on June 19,
2025, listing up to $500,000 in assets and up to $1 million in
liabilities. Benny Garland, president of IOK Technology, signed the
petition.
KC Cohen, at KC Cohen, Lawyer, PC, is the Debtor's legal counsel.
IPA ASSET: Hires Goldberg Weprin Finkel as Bankruptcy Counsel
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IPA Asset Management LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to hire Goldberg Weprin
Finkel Goldstein LLP to serve as bankruptcy counsel in its Chapter
11 case.
GWFG will provide these services:
(a) provide the Debtor with all necessary representation in
connection with this Chapter 11 case, as well as the Debtor's
responsibilities as debtor-in-possession;
(b) represent the Debtor in all proceedings before the U.S.
Bankruptcy Court and the Office of the U.S. Trustee, including all
proceedings involving MangoTree Real Estate Holdings L.P.;
(c) review, prepare and file all necessary legal papers,
applications, motions, objections, adversary proceedings, and
reports on the Debtor's behalf; and
(d) render all other legal services required by the Debtor in
addressing the claims of all creditors, and monitoring the sale of
the Fort Hill Property.
GWFG will apply the remaining amount of any pre-petition retainer
as a credit towards post-petition fees and expenses.
According to court filings, GWFG is a "disinterested person" within
the meaning of the Bankruptcy Code.
The firm can be reached at:
J. Ted Donovan, Esq.
GOLDBERG WEPRIN FINKEL GOLDSTEIN LLP
125 Park Avenue, 12th Floor
New York, NY 10017
Telephone: (212) 221-5700
About IPA Asset Management LLC
IPA Asset Management LLC is a real estate holding company that owns
four residential properties in Suffolk County, New York. It is
affiliated with 31FO LLC, which owns property at 31 Fort Hill in
Lloyd Harbor, NY.
IPA Asset Management LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-43102) on June 27,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtors are represented by Kevin Nash, Esq. at GOLDBERG WEPRIN
FINKEL GOLDSTEIN LLP.
JAMANA LLC: Hires Real Estate Matrix as Real Estate Appraiser
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Jamana LLC seeks approval from the U.S. Bankruptcy Court for the
Southern District of Alabama to hire Real Estate Matrix, LLC to
serve as real estate appraiser in its Chapter 11 case.
Real Estate Matrix will provide these services:
(a) issue an independent appraisal report valuing the debtor's
Quality Inn hotel property on an "As Is," going concern, fee simple
basis;
(b) prepare the appraisal in compliance with USPAP Standards Rules
2-2(a), 8-2(a), and 10-2(a), utilizing the Sales Comparison and
Income approaches;
(c) provide expert valuation services in connection with the
debtor’s pending motion to avoid the SBA lien and any related
reorganization matters.
Real Estate Matrix will receive a fixed fee of $4,700 for the
appraisal services rendered. Future services, if any, will be
compensated at the firm's standard hourly rates not to exceed $44
per hour for senior appraisers or on a fixed-fee basis, subject to
Court approval.
Real Estate Matrix, LLC is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Real Estate Matrix, LLC
2200 Highway 98, Suite 4, PMB 163
Daphne, AL 36526
About Jamana LLC
Jamana LLC, doing business as Quality Inn Mobile West Tillman's
Corner, operates a 58-room franchised Quality Inn hotel in Mobile,
Alabama, offering lodging services and amenities such as
complimentary breakfast, Wi-Fi and a seasonal outdoor pool.
Jamana sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Ala. Case No. 25-11994) on July 29, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
assets and liabilities.
Honorable Bankruptcy Judge Jerry C. Oldshue handles the case.
The Debtor is represented by Kevin M. Ryan, Esq., at Ryan Legal
Services, Inc.
JB GROUP: Hires Campbell Business Solutions as Financial Advisor
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JB Group of LA, LLC, doing business as Infrastructure Solutions
Group, seeks approval from the U.S. Bankruptcy Court for the Middle
District of Louisiana to employ Campbell Business Solutions, LLC as
financial advisor.
The firm will to provide the Debtor with financial advice and
various accounting services with respect to its operations and
restructuring efforts.
The firm's financial advisors will be paid at this hourly rates:
Kenneth Shutt $120
Kennon Campbell $120
Angela Lamarque $100
Abigail Gatlin $90
Kamryn Purgatorio $70
In addition, the firm will seek reimbursement for expenses
incurred.
Kenneth Shutt, an accounting manager at Campbell Business
Solutions, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Kenneth Shutt
Campbell Business Solutions, LLC
243 Shady Oaks Ct.
Baton Rouge, LA 70810
About JB Group of LA LLC
JB Group of LA LLC, doing business as ISG Infrastructure Group,
provides electrical, instrumentation, communications, and renewable
energy solutions to public and private sector clients, including
the U.S. Army Corps of Engineers, military installations, state
departments of transportation, and industrial customers in data,
energy, and manufacturing sectors.
JB Group of LA LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. La. Case No. 25-10807) on September
12, 2025. In its petition, the Debtor reports estimated assets up
to $50,000 and estimated liabilities between $10 million and $50
million.
The Debtor tapped Paul Douglas Stewart, Jr., Esq., at Stewart
Robbins Brown & Altazan, LLC as counsel and Campbell Business
Solutions, LLC as financial advisor.
JB GROUP: Taps Stewart Robbins Brown & Altazan as General Counsel
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JB Group of LA, LLC, doing business as Infrastructure Solutions
Group, seeks approval from the U.S. Bankruptcy Court for the Middle
District of Louisiana to employ Stewart Robbins Brown & Altazan,
LLC to handle its Chapter 11 case.
The firm will be paid at these hourly rates:
Members and Of Counsel $550 - $650
Associates $400 - $450
Legal Assistants $300
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a pre-petition retainer of $100,000 from the
Debtor.
Paul Douglas Stewart, Jr., a partner at Stewart Robbins Brown &
Altazan, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Paul Douglas Stewart, Jr.
Stewart Robbins Brown & Altazan, LLC
301 Main St., Ste. 1640
Baton Rouge, LA 70801
Telephone: (225) 231-9998
About JB Group of LA LLC
JB Group of LA LLC, doing business as ISG Infrastructure Group,
provides electrical, instrumentation, communications, and renewable
energy solutions to public and private sector clients, including
the U.S. Army Corps of Engineers, military installations, state
departments of transportation, and industrial customers in data,
energy, and manufacturing sectors.
JB Group of LA LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. La. Case No. 25-10807) on September
12, 2025. In its petition, the Debtor reports estimated assets up
to $50,000 and estimated liabilities between $10 million and $50
million.
The Debtor tapped Paul Douglas Stewart, Jr., Esq., at Stewart
Robbins Brown & Altazan, LLC as counsel and Campbell Business
Solutions, LLC as financial advisor.
JC PENNEY: Lawyers Say Final Chapter 11 Payouts Approaching
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Clara Geoghegan of Law360 Bankruptcy Authority reports that
attorneys handling J.C. Penney's bankruptcy estate told a Texas
judge on Sept. 24, 2025, that final creditor distributions should
be made soon, nearly five years after the Chapter 11 plan was
confirmed.
About J.C. Penney Co. Inc.
J.C. Penney Company, Inc. -- @ www.jcpenney.com/ -- is an apparel
and home retailer, offering merchandise from an extensive portfolio
of private, exclusive, and national brands at over 850 stores and
online. It sells clothing for women, men, juniors, kids, and
babies.
On May 15, 2020, J.C. Penney entered into a restructuring support
agreement with lenders holding 70% of its first lien debt. The RSA
contemplates agreed-upon terms for a pre-arranged financial
restructuring plan that is expected to reduce several billion
dollars of indebtedness.
To implement the plan, J.C. Penney and its affiliates on May 15,
2020, filed voluntary petitions for reorganization under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case No.
20-20182). At the time of the filing, J.C. Penney disclosed assets
of between $1 billion and $10 billion and liabilities of the same
range.
Judge David R. Jones oversaw the cases.
The Debtors tapped Kirkland & Ellis and Jackson Walker, LLP as
legal counsel; Katten Muchin Rosenman, LLP as special counsel;
Lazard Freres & Co. LLC as investment banker; AlixPartners, LLP as
restructuring advisor; and KPMG, LLP as tax consultant. Prime Clerk
was the claims agent.
The committee of unsecured creditors retained Cole Schotz, P.C.,
and Cooley, LLP.
* * *
J.C. Penney in November 2020 won approval to sell substantially all
of its retail and operating assets ("OpCo") to a group formed by
landlords Brookfield Asset Management, Inc. and Simon Property
Group and senior lenders through a combination of cash and new term
loan debt.
Paul, Weiss, Rifkind, Wharton & Garrison LLP was the legal counsel,
and BRG Capital Advisors, LLC, served as financial adviser to Simon
and Brookfield.
JSL COMPANIES: Section 341(a) Meeting of Creditors on October 27
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On September 23, 2025, JSL Companies LLC filed Chapter 11
protection in the Southern District of Ohio. According to court
filing, the Debtor reports between $1 million and $10 million in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on October
27, 2025 at 03:30 PM. The meeting will be held telephonically.
Please dial 1-888-330-1716 and enter the code 3475860# to join.
About JSL Companies LLC
JSL Companies LLC, doing business as Boat & RV Accessories, is a
retailer of marine and recreational vehicle parts and equipment in
the United States. The Company offers a wide range of products
including boat accessories, RV appliances, HVAC parts, solar power
systems, and power generation equipment. It distributes components
from brands such as Dometic, Atwood, Thetford, and Battery Tender
to boat and RV owners nationwide.
JSL Companies LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ohio Case No. 25-31919) on September
23, 2025. In its petition, the Debtor reports estimated estimated
assets between $500,000 and $1 million and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge Tyson A. Crist handles the case.
The Debtor is represented by Denis E. Blasius, Esq. at THOMPSEN LAW
GROUP, LLC.
KENNISON STRATEGIC: Taps Ean Miller of Keller Williams as Broker
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Kennison Strategic Development Co. LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Pennsylvania to employ
Ean Miller of Keller Williams Realty as broker in its Chapter 11
case.
Mr. Miller will provide these services:
(a) act as broker to sell Debtor's real property located at 88
North Main Street, Washington, PA 15301;
(b) market and sell the real estate and business; and
(c) in the event of a purchase transaction where a buyer is
working with a real estate broker, offer cooperating compensation
in the amount of 2.5% of the Purchase Price, paid from the Broker's
Fees.
Mr. Miller will receive a broker's commission in the amount of 5%
of the sale price on real estate and the business.
According to court filings, Ean Miller and Keller Williams Realty
have no connection to any creditor or other party in interest and
represent no interest adverse to the Chapter 11 estate.
The firm can be reached at:
Ean Miller, Broker
KELLER WILLIAMS REALTY
460 Washington Road, Suite 2
Washington, PA 15301
Telephone: (724) 222-5500
E-mail: Eanm2323@gmail.com
About Kennison Strategic Development
Kennison Strategic Development Co. LLC is engaged in activities
related to real estate.
Kennison Strategic Development Co. LLC sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. W.D. Pa. Case No. 24-21944)
on August 8, 2024. In the petition filed by Mark Kennison, as
president, the Debtor reports estimated assets between $1 million
and $10 million and estimated liabilities up to $50,000.
Honorable Judge Gregory L. Taddonio oversees the case.
The Debtor is represented by Brian C. Thompson, Esq. at Thompson
Law Group, P.C.
KESKIN INC: Seeks to Hire Coyle Law Group as Legal Counsel
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Keskin, Inc. seeks approval from the U.S. Bankruptcy Court for the
District of Maryland to hire Michael P. Coyle of The Coyle Law
Group to serve as legal counsel in its Chapter 11 case.
The firm will provide these services:
(a) provide legal advice in the continued possession and
management of the Debtor's property;
(b) prepare all schedules and statements required by the
Bankruptcy Code, Bankruptcy Rules or Local Bankruptcy Rules;
(c) represent the Debtor in connection with any proceedings for
relief from stay which may be instituted in the Court;
(d) represent the Debtor at any meetings of creditors convened
pursuant to Section 341 of the Bankruptcy Code;
(e) prepare on behalf of the Debtor all necessary applications,
motions, answers, orders, reports and other legal papers and
provide advice and assistance to and representation of the Debtor
in preparing, filing and prosecuting a disclosure statement and
plan under Chapter 11;
(f) represent the Debtor in collateral litigation before the
Bankruptcy Court and other courts; and
(g) provide such other legal services for the Debtor which may be
necessary, and to generally represent, advise and assist the Debtor
in carrying out its duties under the Bankruptcy Code.
Mr. Coyle will receive an hourly rate of $450, and an hourly rate
of $125 is for paralegal and support staff.
The Coyle Law Group is a "disinterested person" within the meaning
of Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Michael P. Coyle, Esq.
THE COYLE LAW GROUP
7061 Deepage Drive, Ste 101B
Columbia, MD 21045
Telephone: (443) 545-1215
About Keskin, Inc.
Keskin, Inc. is a Maryland corporation operating a single-location
Mediterranean restaurant.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Md. Case No. 25-17696) on August 22,
2025. In the petition signed by Rustem Keskin, owner, the Debtor
disclosed up to $50,000 in assets and up to $100,000 in
liabilities.
Michael P. Coyle, Esq., at The Coyle Law Group, represents the
Debtor as legal counsel.
KYI ENTERPRISES: Taps Law Offices of David Freydin as Counsel
-------------------------------------------------------------
KYI Enterprises, Inc. seeks approval from the U.S. Bankruptcy Court
for the Northern District of Illinois to hire David Freydin of the
Law Offices of David Freydin PC to serve as bankruptcy counsel in
its Chapter 11 case.
Mr. Freydin will provide these services:
(a) negotiating with creditors;
(b) preparing of a plan and financial statements; and
(c) examining and resolving claims filed against the estate.
Mr. Freydin will receive an hourly rate of $450. The firm's other
attorneys bill at $425 per hour.
The firm received a $15,000 prepetition retainer. Of that amount,
$1,800 was applied to prepetition legal work and $1,738 paid the
filing fee, leaving $11,462 held in the firm's IOLTA account for
post-petition services subject to court approval.
The Law Offices of David Freydin PC is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code,
according to court filings.
The firm can be reached at:
David Freydin, Esq.
LAW OFFICES OF DAVID FREYDIN PC
8707 Skokie Blvd, Suite 312
Skokie, IL 60077
Telephone: (847) 972-6157
Facsimile: (866) 897-7577
E-mail: david.freydin@freydinlaw.com
About KYI Enterprises
KYI Enterprises, Inc. filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-13842) on
September 8, 2025, listing between $1 million and $10 million in
assets and liabilities.
Judge Michael B. Slade presides over the case.
David Freydin, Esq., at the Law Offices of David Freydin Ltd.
represents the Debtor as legal counsel.
LABRUZZO COMMERCIAL: Amends Unsecured Claim Pay Details
-------------------------------------------------------
LaBruzzo Commercial Properties, LLC, submitted a Disclosure
Statement to accompany Second Amended Plan dated September 16,
2025.
The Debtor initiated this Chapter 11 case after becoming
financially distressed due to delinquent property taxes and paying
a loan for 996 South Main Street, which became vacant during the
COVID-10 pandemic due to closures of the daycare occupying the
building.
The Plan is to be implemented by the reorganized Debtor through:
* The sale of 996 South Main Street, which has been
completed.
* Renting the office space at 292 Pine Street at $900.00 per
month starting on March 1, 2025.
* Construction of the duplex at 207 Willow Street and 1145
Water Street, which will be completed by September 2025, and which
will be leased at $950.00 per unit.
* Any monthly shortfall in revenue will be made up by Debtor's
sole member Joseph L. LaBruzzo.
Class 6 General Unsecured Claim of United States of America o/b/o
Small Business Administration. The claim of United States of
America o/b/o Small Business Administration is to be paid $150.00
monthly. This Class is impaired.
Source of funds for plan payments will be derived from Debtor's
Income.
A full-text copy of the Disclosure Statement dated September 16,
2025 is available at https://urlcurt.com/u?l=2LhuxU from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Brian C. Thompson, Esq.
Thompson Law Group, PC
125 Warrendale Bayne Road, Suite 200
Warrendale, PA 15086
Telephone: (724) 799-8404
Facsimile: (724) 799-8409
Email: bthompson@thompsonattorney.com
About LaBruzzo Woodlands
LaBruzzo Woodlands, LLC, is engaged in activities related to real
estate. The Debtor offers duplexes, tri-plexes apartments, and
houses as well as commercial spaces.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Penn. Case No. 23-10389) on July 27,
2023. In the petition signed by Joseph LaBruzzo, president, the
Debtor disclosed up to $50,000 in assets and up to $10 million in
liabilities.
Judge John C. Melaragno oversees the case.
Brian C. Thompson, Esq., at Thompson Law Group, P.C., is the
Debtor's legal counsel.
LABRUZZO WOODLANDS: Updates Unsecureds & Secured Claims Pay Details
-------------------------------------------------------------------
LaBruzzo Woodlands, LLC submitted an Amended Disclosure Statement
to accompany Second Amended Plan dated September 16, 2025.
The Plan is to be implemented by the reorganized Debtor through
future income based on projected growth of revenue from rentals of
8% annually. Any monthly shortfall will be made up by Debtor's sole
member Joseph L. LaBruzzo.
Class 2 consists of the Secured Mortgage Claims. Secured Claim of
First National Bank of Pennsylvania-The mortgage held by First
National Bank of Pennsylvania secured against the real estate at
19643 Arthur Street, 19777 Arthur Street, and 19719 Arthur Street,
and in the amount of $317,484.66 shall be paid $2,500.00 per month
for one year, and $5,200.00 per month thereafter, per the
stipulation entered at docket no. 194.
Class 5 consists of the General Unsecured Non-Tax Claim of the
United States of America o/b/o Small Business Administration. The
claim of Small Business Administration (POC 1) in the amount of
$252,371.01, secured against the business property, will be paid
$1,199.00 per month.
Class 6 consists of the Unsecured Claim of United States of America
o/b/o Small Business Administration. The claim of Small Business
Administration in the amount of $168,282.00 is to be paid $150.00
monthly. This Class is impaired.
Source of funds for plan payments will be derived from Debtor's
Income.
A full-text copy of the Amended Disclosure Statement dated
September 16, 2025 is available at https://urlcurt.com/u?l=8ZJOE0
from PacerMonitor.com at no charge.
Counsel to the Debtor:
Brian C. Thompson, Esq.
Thompson Law Group, PC
125 Warrendale Bayne Road, Suite 200
Warrendale, PA 15086
Telephone: (724) 799-8404
Facsimile: (724) 799-8409
Email: bthompson@thompsonattorney.com
About LaBruzzo Woodlands
LaBruzzo Woodlands, LLC, is engaged in activities related to real
estate. The Debtor offers duplexes, tri-plexes apartments, and
houses as well as commercial spaces.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Penn. Case No. 23-10389) on July 27,
2023. In the petition signed by Joseph LaBruzzo, president, the
Debtor disclosed up to $50,000 in assets and up to $10 million in
liabilities.
Judge John C. Melaragno oversees the case.
Brian C. Thompson, Esq., at Thompson Law Group, P.C., is the
Debtor's legal counsel.
LANDMARK HOLDINGS: No Patient Care Concern, 2nd PCO Report Says
---------------------------------------------------------------
Joseph Tomaino, the duly appointed patient care ombudsman, filed
with the U.S. Bankruptcy Court for the Middle District of Florida
his second report regarding the quality of patient care provided by
Landmark Holdings of Florida, LLC and its affiliates. The report
covers the period from July 10 to September 14.
The PCO has conducted weekly calls with the system administrator
responsible for quality. During these calls, the PCO reviewed any
sentinel events that may have occurred at any of the sites;
discussed availability of staffing, medications and supplies; and
discussed any planned or unplanned interruptions of services as a
result of the filing. The PCO also followed up on patient
complaints.
The PCO cited one complaint during this reporting period, which was
filed by several employees who were not receiving their bonus
payments. He discussed these with management officials who
corrected the situation immediately.
Mr. Tomaino noted that he does not see the need for additional site
visits at this time, since no issues were identified on the initial
site visits, and the transparency and cooperation of management
with weekly calls. The weekly call with the organization
administrator responsible for quality will be continued and an
additional monthly interview with the Chief Nursing Officer and
Director of Social Services of each site will be added to the
plan.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=wmXs0g from PacerMonitor.com.
The ombudsman may be reached at:
Joseph J. Tomaino
Grassi Healthcare Advisors, LLC
750 Third Avenue
New York, NY 10017
Phone: 212-223-5020
Email: jtomaino@grassihealthcareadvisors.com
About Landmark Holdings of Florida LLC
Landmark Holdings of Florida, LLC and seven affiliates filed
Chapter 11 petitions (Bankr. M.D. Fla. Lead Case No. 25-00397) on
March 9, 2025. The petitions were signed by Landmark CEO Bryan
Day.
At the time of the filing, Landmark reported between $50 million
and $100 million in assets and between $50 million and $100 million
in liabilities. Judge Caryl E. Delano oversees the cases.
Jamie Zysk Isani, Esq., at Hunton Andrews Kurth, LLP is the
Debtors' legal counsel.
Joseph J. Tomaino is the patient care ombudsman appointed in the
Debtor's case.
Amerant Bank N.A., as secured creditor, is represented by:
Brian P. Yates, Esq.
Garbett, Allen, Roza & Yates, P.A.
Brickell City Tower
80 S.W. Eighth Street, Suite 3100
Miami, FL 33130
Telephone: (305) 579-0012
Email: byates@garlawfirm.com
LAUREL CREEK: Seeks Court Approval to Tap Kirk Reimer as Appraiser
------------------------------------------------------------------
Laurel Creek II, LP seeks approval from the U.S. Bankruptcy Court
for the Central District of California to employ Kirk Reimer, a
professional practicing in Costa Mesa, Calif., as appraiser.
The Debtor needs an appraiser to prepare an updated valuation of
its properties.
The appraiser will be paid at a flat fee of $1,000.
Mr. Reimer disclosed in a court filing that he is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The appraiser can be reached at:
Kirk P. Reimer
3070 Bristol Street, Suite 615
Costa Mesa, CA 92626
Telephone: (714) 415-0172
About Laurel Creek II LP
Laurel Creek II LP is a California limited partnership operating in
the real estate sector.
Laurel Creek II LP sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10986) on July 24,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
The Debtor is represented by Jeffrey I. Golden, Esq. at Golden
Goodrich LLP.
LEFEVER MATTSON: Claims to be Paid from Plan Recovery Trust
-----------------------------------------------------------
Lefever Mattson and its affiliates, and the Official Committee of
Unsecured Creditors filed with the U.S. Bankruptcy Court for the
Northern District of California a Disclosure Statement in support
of Joint Plan of Liquidation dated September 17, 2025.
LFM manages a large real estate portfolio. Mr. LeFever and Mr.
Mattson each own 50% of the equity in LFM. The LFM Debtors generate
income, in part, from the Properties through rents and use the
proceeds to fund part of their operations.
The Debtors operated a Ponzi scheme, a central feature of which was
a bank account maintained at Bank of the West (subsequently
acquired by BMO Bank) ending in 1059 and primarily controlled by
Mr. Mattson (the "1059 Account").
Under the circumstances, the Debtors and the Committee have
determined that it is in the best interests of the Debtors'
Investors and other creditors to propose a global settlement (the
"Global Settlement"), to be effectuated through the proposed Plan
that treats Investors and other creditors fairly without incurring
the considerable additional professional fees and costs that would
be necessary to attempt to fully disentangle the Debtors.
The proposed Plan is a "single pot" plan, meaning that it pools and
consolidates all of the assets and liabilities of all of the
Debtors for distribution purposes. This pooling is known as
substantive consolidation. Under the Plan, no third parties
including Mr. Mattson and Mr. Timothy LeFever, will receive a
release for their conduct related to the Debtors.
The Plan further provides, in accordance applicable Ponzi scheme
case law, that Investor claims will be "netted" to make sure all
Investors are treated fairly. Specifically, pursuant to the Global
Settlement, each Investor will receive (a) a claim for the total
amount of money (or value of property) it invested in the Debtors
over time less the total amount of any distributions the Investor
received over the seven years prior to September 12, 2024 (referred
to as the Investor Tranche 1 Claim) and (b) a separate claim for
the amount of those deducted distributions (referred to as the
Investor Tranche 2 Claim).
The Plan provides that Investors will first receive their pro rata
distribution of available assets on account of their Investor
Tranche 1 Claim. If and when each Investor Tranche 1 Claim is paid
in full, Investors will then receive their pro rata distribution of
available assets on account of their Investor Tranche 2 Claim.
To effectuate distributions to Investors, the Plan provides for the
creation of the Plan Recovery Trust. The Plan Recovery Trust will
take ownership of the Debtors' assets, sell or otherwise dispose of
those assets to generate cash, and distribute that cash to
Investors. The Plan Recovery Trust also will own litigation claims
against third parties, including Mr. Mattson and Mr. LeFever, and
may generate cash through prosecution or settlement of those
claims. The Plan Recovery Trust will distribute cash to Investors
and creditors over time, as it monetizes the Plan Recovery Trust
Assets.
Accordingly, the Plan provides for substantive consolidation of the
Debtors' assets and liabilities for the purposes of Distributions
under the Plan. Consistent with the substantive consolidation
contemplated by the Plan and in order to reduce administrative
costs, on the Effective Date, all of the Debtors will be dissolved
automatically without the need for any corporate action or
approval, without the need for any corporate, limited liability
company, or limited partnership filings, and without the need for
any other or further actions to be taken on behalf of such
dissolving Debtor or any other Person or any payments to be made in
connection therewith.
The Plan Recovery Trust Assets, which includes Available Cash of
the Debtors as of the Effective Date, Retained Real Properties, and
Avoidance Actions and Causes of Action held by the Debtors or the
Estates, will vest in a Plan Recovery Trust. The Plan Recovery
Trust will be responsible for Distributions of Available Cash to
the Plan Recovery Trust Beneficiaries in accordance with the Plan
Recovery Trust Waterfall.
On the Effective Date, the Plan Recovery Trustee will execute the
Plan Recovery Trust Agreement and shall take any other action
necessary to establish the Plan Recovery Trust in accordance with
the Plan and the beneficial interests therein. The purpose of the
Plan Recovery Trust will be to pursue, collect, or monetize the
Plan Recovery Trust Assets and make Distributions from the proceeds
of such assets to the Plan Recovery Trust Beneficiaries in
accordance with Treasury Regulation section 301.7701-4(d), with no
objective to continue or engage in the conduct of a trade or
business.
The LFM Debtors have unsecured debt in the form of trade debt,
unsecured notes payable, prepaid rent or security deposits held for
tenants of the Properties, and litigation claims.
The Plan Proponents believe that the settlement reflected in the
Plan provides the best prospect for Investors and other creditors
to maximize their recoveries from the Debtors' estates, and to
receive those distributions as soon as reasonably possible.
After (i) all administrative and priority claims (including,
without limitation, Administrative Expense Claims, Involuntary Gap
Claims, Priority Tax Claims, and Priority Claims), and (ii) all
Plan Recovery Trust expenses, including any litigation financing
expenses, are paid or reserved for, the Plan Recovery Trust will
make Distributions of Available Cash to the Plan Recovery Trust
Beneficiaries pursuant to the Plan Recovery Trust Waterfall:
* Class A Plan Recovery Trust Units. First, the Plan Recovery
Trust shall distribute the proceeds of the Plan Recovery Trust
Assets to each Holder of Class A Plan Recovery Trust Units on a Pro
Rata basis until all Allowed Trade Claims have been paid in full
(without postpetition or post-Confirmation interest);
* Class B Plan Recovery Trust Units. Second, the Plan Recovery
Trust shall distribute the proceeds of the Plan Recovery Trust
Assets to each Holder of Class B Plan Recovery Trust Units on a Pro
Rata basis until all Investor Tranche 1 Claims have been paid in
full;
* Class C Plan Recovery Trust Units. Third, the Plan Recovery
Trust shall distribute the proceeds of the Plan Recovery Trust
Assets to each Holder of Class C Plan Recovery Trust Units on a Pro
Rata basis until all Investor Tranche 2 Claims have been paid in
full;
* Class D Plan Recovery Trust Units. Notwithstanding anything
to the contrary contained in the Plan or in the Confirmation Order,
the Plan Recovery Trust shall distribute the net proceeds of any
Contributed Claims solely to Holders of Class D Plan Recovery Trust
Units on a Pro Rata basis.
The Plan Recovery Trust, in the Plan Recovery Trustee's discretion
may make periodic Distributions to the Plan Recovery Trust
Beneficiaries at any time following the Effective Date, provided
that such Distributions are otherwise permitted under, and not
inconsistent with, the Plan Recovery Trust Waterfall, the other
terms of the Plan, the Plan Recovery Trust Agreement, and
applicable law.
A full-text copy of the Disclosure Statement dated September 17,
2025 is available at https://urlcurt.com/u?l=ShBFMH from Kurtzman
Carson Consultants, LLC, claims agent.
Attorneys for the Lefever Mattson Debtors:
Tobias S. Keller, Esq.
David A. Taylor, Esq.
Thomas B. Rupp, Esq.
Keller Benvenutti Kim LLP
425 Market Street, 26th Floor
San Francisco, California 94105
Telephone: (415) 496-6723
Facsimile: (650) 636-9251
Email: tkeller@kbkllp.com
dtaylor@kbkllp.com
Attorneys for the KSMP Debtors:
HOGAN LOVELLS US LLP
Richard L. Wynne, Esq.
Erin N. Brady, Esq.
Edward J. McNeilly, Esq.
Todd M. Schwartz, Esq.
1999 Avenue of the Stars, Suite 1400
Los Angeles, California 90067
Telephone: (310) 785-4600
Email: richard.wynne@hoganlovells.com
erin.brady@hoganlovells.com
edward.mcneilly@hoganlovells.com
todd.schwartz@hoganlovells.com
Attorneys for the Official Committee of Unsecured Creditors:
Debra I. Grassgreen, Esq.
Pachulski Stang Ziehl & Jones LLP
One Sansome Street, Suite 3430
San Francisco, CA 94104
Tel: (415) 263-7000
Fax: (415) 263-7010
Email: dgrassgreen@pszjlaw.com
About LeFever Mattson
LeFever Mattson, a California corporation, manages a large real
estate portfolio. Timothy LeFever and Kenneth W. Mattson each owns
50% of the equity in the company. Based in Citrus Heights, Calif.,
LeFever Mattson manages a portfolio of more than 200 properties,
comprised of commercial, residential, office, and mixed-use real
estate, as well as vacant land, located throughout Northern
California, primarily in Sonoma, Sacramento, and Solano Counties.
It generates income from the properties through rents and use the
proceeds to fund its operations.
LeFever Mattson and its affiliates filed voluntary Chapter 11
petitions (Bankr. N.D. Cal. Lead Case No. 24-10545) on September
12, 2024. At the time of the filing, LeFever Mattson listed $100
million to $500 million in assets and $10 million to $50 million in
liabilities.
Judge Charles Novack oversees the cases.
Keller Benvenutti Kim LLP, led by Thomas B. Rupp, is the Debtors'
counsel. Kurtzman Carson Consultants, LLC is the Debtors' claims
and noticing agent.
LIFESCAN GLOBAL: Committee Taps Pachulski Stang Ziehl as Counsel
----------------------------------------------------------------
The Official Committee of Unsecured Creditors of LifeScan Global
Corporation, et al., seeks approval from the U.S. Bankruptcy Court
for the Southern District of Texas to hire Pachulski Stang Ziehl &
Jones LLP to serve as its conflicts counsel in the Debtors'
jointly-administered Chapter 11 cases, effective as of August 19,
2025.
The firm will provide these services:
(a) assist the Committee in analyzing the claims of the Debtors'
creditors and the Debtors' capital structure and in negotiating
with holders of claims as they relate to the Special Matters;
(b) assist the Committee in its investigation of the acts,
conduct, assets, liabilities, and financial condition of the
Debtors and of the operation of the Debtors' businesses as they
relate to the Special Matters;
(c) assist the Committee in its investigation of, inter alia, the
liens and claims of the Debtors' lenders and the prosecution of any
claims or causes of action revealed by such investigation, as they
relate to the Special Matters;
(d) assist and advise the Committee in communicating with
unsecured creditors regarding significant matters in these Chapter
11 cases as they relate to the Special Matters;
(e) represent the Committee at hearings and other proceedings as
they relate to the Special Matters;
(f) assist the Committee in preparing pleadings and applications
as may be necessary in furtherance of the Committee's interests and
objectives as they relate to the Special Matters; and
(g) prepare, on behalf of the Committee, any pleadings, including
without limitation motions, memoranda, complaints, adversary
complaints, objections or comments in connection with any of the
foregoing as they relate to the Special Matters.
The firm's current standard hourly rates are:
-- Partners $1,150 to $2,350
-- Of Counsel $1,050 to $1,850
-- Associates $725 to $1,225
-- Paraprofessionals $575 to $650
Pachulski Stang Ziehl & Jones LLP is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code,
according to court filings.
Pursuant to paragraph D, section 1 of the Revised U.S. Trustee
Guidelines, Pachulski Stang Ziehl & Jones responds to the questions
set forth therein as follows:
Question: Did you agree to any variations from, or alternatives to,
your standard or customary billing arrangements for this
engagement?
Answer: No.
Question: Do any of the professionals included in this engagement
vary their rate based on the geographic location of the bankruptcy
case?
Answer: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post-petition, explain the
difference and the reasons for the difference.
Answer: N/A.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: N/A. As Committee counsel, the Firm anticipates that the
Committee's professional fees will be initially governed by the
Debtor in Possession Financing order and budget approved in these
Chapter 11 cases. The Committee and its professionals reserve all
rights to seek approval of Committee professional fees.
The firm can be reached at:
Pachulski Stang Ziehl & Jones LLP
10100 Santa Monica Blvd., 13th Floor
Los Angeles, CA 90067
Telephone: (310) 277-6910
Facsimile: (310) 201-0760
E-mail: info@pszjlaw.com
About LifeScan Global Corporation
LifeScan delivers personalized health, wellness, and digital
solutions to individuals living with diabetes. Since 1981, LifeScan
has advanced glucose care and diabetes management with pioneering
technologies and new products, and is actively engaged in
designing, developing, manufacturing, and marketing devices,
software, and applications. Its comprehensive portfolio of
diabetes-related products and services includes blood glucose
monitoring devices, blood glucose test strips, lancing devices, and
digital applications.
LifeScan Global Corp. sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Texas Case No. 25-90259) on July
15, 2025. As of the Petition Date, the Debtors have approximately
$786 million assets and approximately $1.7 billion in liabilities.
Judge Alfredo R Perez presides over the case.
Porter Hedges LLP is the Debtor's legal counsel, Milbank LLP is
co-counsel, and PJT Partners LP is the investment banker.
LIFOD HOME: No Patient Care Complaints, 9th PCO Report Says
-----------------------------------------------------------
Joseph Tomaino, the duly appointed patient care ombudsman, filed
with the U.S. Bankruptcy Court for the District of Massachusetts
his ninth report regarding the quality of patient care provided by
Lifod Home Health Care, LLC's home health care facility. The report
covers the period from June 4 to September 18.
The PCO interviewed the supervising RN for the ninth report. The
supervising RN reports the census is 22 and that the agency has
been able to provide staff for these cases and meet their payroll.
She also reports having sufficient supplies, primarily gloves.
Mr. Tomaino received no complaints during the period.
Based on the medium-level risk determination, the PCO will continue
to interview a clinical staff person involved with care to ensure
that supplies are available, and supervision and support are being
provided.
A copy of the PCO report is available for free at
https://urlcurt.com/u?l=oEn26l from PacerMonitor.com.
The ombudsman may be reached at:
Joseph J. Tomaino
Grassi Healthcare Advisors LLC
750 Third Ave
New York, NY 10017
(212) 223-5020
Email: jtomaino@grassihealthcareadvisors.com
About Lifod Home
Lifod Home Health Care, LLC, a provider of home health care
services, filed Chapter 11 petition (Bankr. D. Mass. Case No.
23-40476) on June 13, 2023, with $100,001 to $500,000 in assets.
Judge Elizabeth D. Katz oversees the case.
S. James Boumil, Esq., at Boumil Law Offices represents the Debtor
as bankruptcy counsel.
Joseph J. Tomaino is the patient care ombudsman appointed in the
Debtor's case. The ombudsman is represented by the law firm of
Rimon P.C.
LOS ANGELES OZF: Hires Totaro & Shanahan as Insolvency Counsel
--------------------------------------------------------------
Los Angeles OZF, LLC seeks approval from the U.S. Bankruptcy Court
for the Central District of California to employ Totaro & Shanahan,
LLP as general insolvency counsel.
The firm's services include:
(a) counsel the Debtor through meetings and phone calls,
discussions concerning the requirements of the Bankruptcy Code, the
Federal Rules of Bankruptcy Procedure, the Local Bankruptcy Rules,
and the United States Trustee Guidelines;
(b) document preparation or amendments concerning the petition
and schedules, status reports, review and consultation concerning
Monthly Operating Reports, and personal attendance at all
hearings;
(c) consult with the Debtor's representative concerning
documents needed and reports to be prepared and consultation with
real estate counsel re title and other issues;
(d) assist the Debtor in preparation of documents for
compliance with the requirements of the Office of the United States
Trustee;
(e) negotiate with secured and unsecured creditors regarding
the amount and payment of their claims;
(f) discuss with the Debtor's representative concerning the
Disclosure Statement and plan of reorganization;
(g) prepare the Disclosure Statement and Chapter 11 Plan of
Reorganization and any amendments/changes to the same unless filed
as a Sub-V case which does not require a disclosure statement;
(h) submit ballots to creditors, tally of ballots and
submission to the court;
(i) response to any objections to disclosure statement and/or
plan;
(j) negotiate with creditors as to values, etc. and the plan
of reorganization; and
(k) response to any motions for relief from stay, motions to
dismiss or any other motions or contested matters.
The firm will be paid at these hourly rates:
Attorney $650
Paralegal $150
The firm received a retainer of $5,000 from the Debtor to cover
pre-petition and post-petition work.
Michael Totaro, Esq., an attorney at Totaro & Shanahan, disclosed
in a court filing the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Michael R. Totaro, Esq.
Totaro & Shanahan, LLP
P.O. Box 789
Pacific Palisades, CA 90272
Telephone: (310) 804-2107
Email: Ocbkatty@aol.com
About Los Angeles OZF LLC
Los Angeles OZF LLC is a single asset real estate company.
Los Angeles OZF LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-11611) on September
2, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Victoria S. Kaufman handles the case.
Michael R. Totaro, Esq., at Totaro & Shanahan, LLP serves as the
Debtor's counsel.
LUMO LOGISTICS: Hires Latham Luna Eden & Beaudine as Counsel
------------------------------------------------------------
Lumo Logistics, Inc. seeks approval from the U.S. Bankruptcy Court
for the Middle District of Florida to employ Latham, Luna, Eden &
Beaudine, LLP as counsel.
The firm will provide these services:
(a) advise the Debtor of its rights and duties in this case;
(b) prepare pleadings related to this case; and
(c) take any and all other necessary action incident to the
proper preservation and administration of this estate.
The firm will be paid at these hourly rates:
Daniel Velasquez, Attorney $475
Other Attorneys $275
Junior Paraprofessionals $105
The firm received a retainer of $5,525 from the Debtor.
Mr. Velasquez disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Daniel A. Velasquez, Esq.
Latham, Luna, Eden & Beaudime, LLP
201 S. Orange Ave., Suite 1400
Orlando, FL 32801
Telephone: (407) 481-5800
Facsimile: (407) 481-5800
Email: dvelasquez@lathamluna.com
About Lumo Logistics
Lumo Logistics, Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-05509) on August 29,
2025, listing under $1 million in both assets and liabilities.
Honorable Bankruptcy Judge Grace E. Robson handles the case.
The Debtor is represented by Daniel A. Velasquez, Esq., at Latham,
Luna, Eden & Beaudime, LLP.
MACHIKO MANAGEMENT: Case Summary & Eight Unsecured Creditors
------------------------------------------------------------
Debtor: Machiko Management, LLC
22735 Carancho Road
Temecula, CA 92590
Business Description: Machiko Management LLC, based in Temecula,
California, provides administrative and
office management services.
Chapter 11 Petition Date: September 24, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-16853
Debtor's Counsel: Summer Shaw, Esq.
SHAW & HANOVER, PC
44-901 Village Court, Suite B
Palm Desert, CA 92260
Tel: (760) 610-0000
Fax: (760) 687-2800
E-mail: ss@shaw.law
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Stephanie Chu as manager.
A full-text copy of the petition, which includes a list of the
Debtor's eight unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/2VHMT5I/Machiko_Management_LLC__cacbke-25-16853__0001.0.pdf?mcid=tGE4TAMA
MAGENTA SECURITY: BlackRock Debt Marks $397,000 Loan at 17% Off
---------------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $397,000 loan
extended to Magenta Security Holdings LLC to market at $331,435 or
83% of the outstanding amount, according to a disclosure contained
in BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is participant in a 2024 First out Term Loan to
Magenta Security Holdings LLC. The loan accrues interest at a rate
of 11.29% (3-mo. CME Term SOFR at 0.75% Floor + 7.01%) per annum.
The loan matures on July 27, 2028.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Magenta Security Holdings LLC operates as a holdings company that
was formed to hold a substantial portion of the overall Magenta
Buyer LLC's collateral.
MAGENTA SECURITY: BlackRock Debt Marks $466,000 Loan at 54% Off
---------------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $466,000 loan
extended to Magenta Security Holdings LLC to market at $214,453 or
46% of the outstanding amount, according to a disclosure contained
in BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is participant in a 2024 Second out Term Loan to
Magenta Security Holdings LLC. The loan accrues interest at a rate
of 11.54% (3-mo. CME Term SOFR at 0.75% Floor + 7%) per annum. The
loan matures on July 27, 2028.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Magenta Security Holdings LLC operates as a holdings company that
was formed to hold a substantial portion of the overall Magenta
Buyer LLC's collateral.
MAGENTA SECURITY: BlackRock Debt Marks $962,000 Loan at 77% Off
---------------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $962,000 loan
extended to Magenta Security Holdings LLC to market at $222,963 or
23% of the outstanding amount, according to a disclosure contained
in BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is participant in a 2024 Third out Term Loan to
Magenta Security Holdings LLC. The loan accrues interest at a rate
of 11.29% (3-mo. CME Term SOFR at 0.75% Floor + 1.76%, 5.76% PIK)
per annum. The loan matures on July 27, 2028.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Magenta Security Holdings LLC operates as a holdings company that
was formed to hold a substantial portion of the overall Magenta
Buyer LLC's collateral.
MAGLEV ENERGY: Gets Extension to Access Cash Collateral
-------------------------------------------------------
Maglev Energy, Inc. received another extension from the U.S.
Bankruptcy Court for the Middle District of Florida, Tampa
Division, to use cash collateral.
The seventh interim order signed by Judge Catherine Peek McEwen
authorized the Debtor to use cash collateral to pay the amounts
expressly authorized by the court, including payments to the U.S.
trustee for quarterly fees; the expenses set forth in the budget,
plus an amount not to exceed 10% for each line item; and additional
amounts expressly approved by its secured creditor, the U.S. Small
Business Administration. This authorization will continue until
further order of the court.
The Debtor projects total operational expenses of $2,127 for
September and $3,960 for October.
As adequate protection for the Debtor's use of their cash
collateral, the SBA and other creditors with a security interest in
the cash collateral will be granted post-petition liens on the cash
collateral to the same extent and with the same validity and
priority as their pre-bankruptcy liens.
In addition, the Debtor was ordered to keep the secured creditors'
collateral insured.
The next hearing is scheduled for October 21.
About Maglev Energy
Maglev Energy, Inc., a company in Seminole, Fla., engineers motor
and generator technology including permanent magnet alternator,
vertical wind turbine, and auxiliary power unit.
filed a petition under Chapter 11, Subchapter V of the Bankruptcy
Code (Bankr. M.D. Fla. Case No. 24-06552) on Nov. 5, 2024, with
$241,312 in assets and $2,384,522 in liabilities. Jon Harms,
executive vice president, signed the petition.
Judge Catherine Peek Mcewen oversees the case.
The Debtor is represented by:
Jake C. Blanchard, Esq.
Blanchard Law, P.A.
Tel: 727-531-7068
Email: jake@jakeblanchardlaw.com
MAIN STREET AT TUTTLE: Seeks Chapter 11 Bankruptcy in Florida
-------------------------------------------------------------
On September 23, 2025, Main Street at Tuttle Royale LLC sought
Chapter 11 protection in the U.S. Bankruptcy Court for the Southern
District of Florida. The Royal Palm Beach real estate company
reported debts of $50 million–$100 million, with distributions
expected for unsecured creditors.
About Main Street at Tuttle Royale LLC
Main Street at Tuttle Royale LLC is a single asset real estate
company.
Main Street at Tuttle Royale LLC and affiliate sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-21129) on September 23, 2025. In its petition, the Debtor
reports estimated assets between $10 million and $50 million and
estimated liabilities between $50 million and $100 million.
Honorable Bankruptcy Judge Mindy A. Mora handles the case.
The Debtor is represented by Bradley S. Shraiberg, Esq. at
Shraiberg Page PA.
MAIN STREET: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: Main Street at Tuttle Royale, LLC
10760 Acme Rd
Royal Palm Beach, FL 33414
Business Description: Main Street at Tuttle Royale, LLC is
classified as a single-asset real estate
Debtor under 11 U.S.C. Section 101(51B).
Chapter 11 Petition Date: September 23, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-21129
Judge: Hon. Mindy A Mora
Debtor's Counsel: Bradley S. Shraiberg, Esq.
SHRAIBERG PAGE PA
2385 NW Executive Center Dr
Suite 300
Boca Raton, FL 33431
Tel: 561-443-0800
Email: bss@slp.law
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $50 million to $100 million
The petition was signed by Brian Tuttle as manager.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/NBSNQSY/Main_Street_at_Tuttle_Royale_LLC__flsbke-25-21129__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Aldus LLC $2,448,000
4499 Pond Road
Shavano Park, TX 78231
2. BCA $1,406,835
75 Valencia Avenue
Ste. 1000
Coral Gables, FL 33134
3. Brian Lulfs $3,222,000
829 Shore Drive
Boyton Beach, FL 33435
4. Cole Schotz P.C. $102,366
Court Plaza North
25 Main Street
Hackensack, NJ 07601
5. Divine Blalock $101,599
Martin & Sellari
560 Village Blvd
Ste. 110
West Palm Beach,
FL 33409
6. Doug Kirlan $292,500
2088 Chagall Circle West
West Palm Beach,
FL 33409
7. Engenuity Group $354,083
1280 North
Congress Avenue
Ste. 101
West Palm Beach, Fl 33409
8. Feisty Italians $373,195
560 Village Blvd
Ste. 110
West Palm Beach,
FL 33409
9. Index Invest Group $650,000
1000 N. US Hwy One
Ste. 902
Jupiter, FL 33477
10. Internal Revenue Service Unknown
Attn: Special Procedures
P.O. Box 34045
Stop 572
Jacksonville, FL 32202
11. Invictus Real Estate Partners $3,150,000
122 Penn Road
Scarsdale, NY 10583
12. Newmark Knight $891,150
85 Tripp Street
Bedfords Corner,
NY 10549
13. Palm Beach County Unknown
Tax Collector
PO Box 3715
West Palm Beach,
FL 33402-3715
14. PLACE $307,643
75 Valencia Avenue
Ste. 300
Round Rock, TX 78664
15. Southern Blvd Villas LLC $825,000
1 N. Clematis Street
Ste. 200
West Palm Beach,
FL 33401
16. Susan E. Orororuke, P.E. $60,326
2 Nettles Blvd
Jensen Beach, FL 34957
17. Timothy W. Schulz, P.A. $199,269
330 clematis street
Ste. 116
West Palm Beach,
FL 33401
18. Tuttle Royal Lender, LLC Lawsuit $44,080,944
c/o Kluger, Kaplan,
Silverman,
Katzen & Levine, PL
201 S Biscayne
Blvd, 27th FL
Miami, FL 33131
19. Tuttle Royal $31,000
Property Owners Association
1301 W. Royal Palm Road
Boca Raton, FL 33486
20. Urban Design Studious $74,976
610 Clematis Street
Ste.-CU-02
West Palm Beach,
FL 33401
MAITE LLC: Seeks to Hire O'Hagan Meyer as Special Counsel
---------------------------------------------------------
Maite LLC seeks approval from the U.S. Bankruptcy Court for the
District of Colorado to hire O'Hagan Meyer PLLC to serve as special
counsel in its Chapter 11 case.
O'Hagan Meyer will provide these services:
(a) provide legal services in connection with a dispute between
the Debtor and Lera Investment Technologies, Inc. regarding its
response to a $20 million third-party loan offer and a related
demand for a books and records inspection;
(b) prepare, file, and litigate a complaint depending on the
results of the investigation; and
(c) represent the Debtor in connection with the LIT Matters during
the bankruptcy case.
Mr. Stephen D. Dargitz will be paid at an hourly rate of $400.
Other attorneys at O'Hagan Meyer who may perform services on behalf
of the Debtor will be billed at hourly rates ranging from $250 to
$400. Legal assistance provided by paralegals will be billed at the
hourly rate of $150.
O'Hagan Meyer PLLC is a "disinterested person" within the meaning
of Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Stephen D. Dargitz, Esq.
O’HAGAN MEYER PLLC
1331 17th Street, Suite 350
Denver, CO 80202
Tel: (303) 652-5860
Fax: (303) 652-5877
Email: sdargitz@ohaganmeyer.com
About Maite LLC
Maite LLC is a limited liability company.
Maite LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. ) on September 17, 2025. In its petition, the Debtor
reports estimated liabilities of $22,451,109.
Honorable Bankruptcy Judge Thomas B. Mcnamara handles the case.
The Debtor is represented by Jonathan M. Dickey, Esq. at KUTNER
BRINEN DICKEY RILEY.
MARRA AIR: Court Denies Bid to Use Cash Collateral
--------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida denied
as moot the motion filed by Marra Air Conditioning Services, Inc.
to extend its authority to use cash collateral.
The bankruptcy court on September 22 confirmed the Debtor's Chapter
11 plan of reorganization.
About Marra Air Conditioning Services
Marra Air Conditioning Services, Inc. sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-03488) on June 6, 2025, listing up to $50,000 in assets and
between $100,001 and $500,000 in liabilities.
Judge Lori V Vaughan oversees the case.
The Debtor is represented by Jeffrey Ainsworth, Esq., at
Bransonlaw, PLLC.
MAWSON INFRASTRUCTURE: Nasdaq Extends MVLS and Bid Price Deadlines
------------------------------------------------------------------
Mawson Infrastructure Group Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that the
Company received written notice from the Listing Qualifications
Department of The Nasdaq Stock Market LLC notifying the Company
that the Nasdaq Hearings Panel, based on the compliance plan
presented by the Company, has determined to grant the Company's
request for continued listing on Nasdaq, subject to the Company
satisfying certain conditions.
As previously disclosed, on January 24, 2025, the Company received
written notice (the "MVLS Notice") from the Staff notifying the
Company that for the 33 consecutive business days preceding the
date of the MVLS Notice, the Company's Market Value of Listed
Securities was less than the $35.0 million minimum required for
continued listing on The Nasdaq Capital Market under Nasdaq Listing
Rule 5550(b)(2).
On February 6, 2025, the Company received written notice (the "Bid
Price Notice") from the Staff notifying the Company that for the 30
consecutive business days prior to September 12, 2025, the closing
bid price of the Company's common stock was less than the $1.00 per
share minimum bid price required for continued listing on The
Nasdaq Capital Market, as required by Nasdaq Listing Rule
5550(a)(2).
The Panel granted the Company's request to extend the period of
time in which to demonstrate compliance with:
(i) the MVLS Rule to October 15, 2025 and
(ii) the Bid Price Rule to November 7, 2025.
Pursuant to the Notice, the conditions for the Company's continued
listing during the Exception Period include that the Company
provide Nasdaq prompt notification of any significant events that
occur during this time that may affect the Company's compliance
with Nasdaq requirements. The Panel reserves the right to
reconsider the terms of the exception based on any event, condition
or circumstance that exists or develops that would, in the opinion
of the Panel, make continued listing of the Company's securities on
Nasdaq inadvisable or unwarranted.
There can be no assurance that the Company will be able to regain
compliance with the MVLS Rule or the Bid Price Rule or maintain
compliance with all other Nasdaq listing requirements. If the
Company fails to regain compliance with Nasdaq's continued listing
standards during the Exception Period, the Company's common stock
will be subject to delisting from Nasdaq.
About Mawson Infrastructure Group
Mawson Infrastructure Group specializes in data centers for Bitcoin
miners and AI firms.
Mawson Infrastructure Group's creditors filed a Chapter 11
involuntary petition against the company (Bankr. D. Del. Case No.
24-12726) on Dec. 4, 2024. The petitioning creditors include W
Capital Advisors Pty Ltd, Marshall Investments MIG Pty Ltd, and
Rayra Pty Ltd.
The petitioners' counsel is Robert J. Dehney, Esq., at Morris,
Nichols, Arsht & Tunnell.
Judge Mary F. Walrath handles the case.
MAWSON INFRASTRUCTURE: Provides Corporate Update on Operations
--------------------------------------------------------------
Mawson Infrastructure Group Inc. provided a corporate update to
stockholders and the investment community regarding the Company's
current operations.
Key Points:
* Operational Continuity: Mawson continues to operate normally
across its U.S. footprint, with Midland, Pennsylvania remaining a
cornerstone facility supported by long-term site tenure.
* Nasdaq Listing Compliance Plan: Mawson engaged advisors and
presented a plan to Nasdaq to regain compliance with Nasdaq's
continued listing standards as it works to maintain the listing of
its common stock. Mawson recently received from Nasdaq an extension
of time to regain compliance and maintain its listing on Nasdaq.
* Progress on Legacy Matters: Mawson is advancing efforts to
resolve certain legacy legal matters as part of a broader program
to strengthen the Company's balance sheet.
* Company Presentation: Mawson has updated the Company
Presentation posted on its website at www.mawsoninc.com.
* Financial Flexibility Maintained (Form S-3 Refresh): "Our
leadership remains focused on executing the Company's growth
strategy while maintaining operational flexibility and improving
its balance sheet. We believe having an effective shelf
registration statement enables us to remain well-positioned to
support our customers, pursue growth opportunities, and navigate
the evolving capital markets efficiently. As our previous Form S-3
registration statement expired, the Company has filed a new shelf
registration statement on Form S-3 to enable Mawson to offer and
sell securities as needed. However, filing a shelf registration
statement does not mean new shares of our common stock are being
immediately issued nor does it represent a change in the Company's
business strategy or financial condition."
Articles and recent news related to the Company are available at
www.mawsoninc.com/articles.
About Mawson Infrastructure Group
Mawson Infrastructure Group specializes in data centers for Bitcoin
miners and AI firms.
Mawson Infrastructure Group's creditors filed a Chapter 11
involuntary petition against the company (Bankr. D. Del. Case No.
24-12726) on Dec. 4, 2024. The petitioning creditors include W
Capital Advisors Pty Ltd, Marshall Investments MIG Pty Ltd, and
Rayra Pty Ltd.
The petitioners' counsel is Robert J. Dehney, Esq., at Morris,
Nichols, Arsht & Tunnell.
Judge Mary F. Walrath handles the case.
MCMILLAN LOGGING: Seeks to Tap Bruner Wright as Bankruptcy Counsel
------------------------------------------------------------------
McMillan Logging, Inc. seeks approval from the U.S. Bankruptcy
Court for the Northern District of Florida to employ Bruner Wright,
PA to handle its Chapter 11 case.
The firm's counsel and staff will be paid at these hourly rates:
Robert Bruner, Attorney $450
Byron Wright III, Attorney $400
Samantha Kelley, Attorney $375
Paralegal $175
Prior to filing, the firm received a retainer in the amount of
$20,000 from the Debtor's owner, James Steven McMillan.
Mr. Wright III disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Byron Wright III, Esq.
Bruner Wright, PA
2868 Remington Green Circle, Suite B
Tallahassee, FL 32308
Telephone: (850) 385-0342
Facsimile: (850) 270-2441
About McMillan Logging Inc.
McMillan Logging Inc. is a Florida-based logging contractor that
engages in timber harvesting and related hauling services.
McMillan Logging Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Fla. Case No. 25-40405) on August 25,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities between $1
million and $10 million.
The Debtor is represented by Byron W. Wright III, Esq., and Robert
C. Bruner, Esq., at Bruner Wright, PA.
MERIT STREET: Dr. Phil to Face Trial Tied to Firm's Bankruptcy
--------------------------------------------------------------
Becky Yerak of The Wall Street Journal reports that television host
Phil "Dr. Phil" McGraw testified Tuesday, September 23, 2025, that
although he was moving to end ties with Trinity Broadcasting
Network, he also assured the Christian broadcaster he wanted to
work together with "transparency" on Merit Street Media, their
bankrupt joint venture.
Court records show McGraw was confronted with conflicting
communications: a June 2024 text to a friend claiming he was
"working on the project of getting rid of TBN" and a July 2025
email to Trinity executives proposing that the two sides remain
partners "with transparency," according to The Wall Street
Journal.
About Merit Street Media
Merit Street Media is a television and media content production and
distribution company based in Fort Worth, Texas. It appears to
focus on creating, producing, and distributing television content,
maintaining business relationships with major cable providers
including DIRECTV and DISH Network, as well as numerous television
stations and production companies.
Merit Street Media sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-80156) on July 2,
2025, before the Hon. Scott W. Everett. In its petition, the Debtor
reports estimated assets and liabilities between $100 million and
$500 million.
The Debtor is represented by Sidley Austin LLP as bankruptcy
counsel. Epiq Corporate Restructuring, LLC serves as Claims,
Noticing, and Solicitation Agent, effective as of the Petition
Date.
MISSION POINT: Quality of Care Maintained, PCO Reports
------------------------------------------------------
Deborah Fish, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Eastern District of Michigan her third
report regarding the quality of patient care provided by Mission
Point of Detroit, LLC.
The report covers the period from June 17 to September 17, and is
based upon site visits, observations at the facility,
communications with Human Resources, the on-site administrator and
discussions with staff including the director of nursing and
numerous residents and family members.
The PCO reported that Mission Point of Detroit has maintained all
of its services and is delivering similar quality care to
essentially the same patient population as it did pre-petition.
There are not any substantial changes to her prior report.
The PCO observed that the facility is newer and has a welcoming
look and feel. The facility is adequately maintained, the floors
and gathering rooms are clean, and the residents' rooms are clean.
There was no foul odor to report.
Ms. Fish noted that the facility has a primary physician whose
assistant makes weekly rounds. Any follow-up care, change in
medication or questions are managed at this time. Residents were
groomed, wearing clean clothes and most were out of their beds.
The PCO spoke with the residents during the visits and found that
they did not have any issues regarding the food service. Most
residents eat in their rooms. Some residents go to the cafeteria
for lunch and the vast majority eat dinner in their rooms.
The PCO stated that the administration has confirmed that the
healthcare provider has maintained its relationship with its
pre-bankruptcy suppliers and does not have any supply issues.
Ms. Fish found out that the healthcare provider has continued the
same quality of care post-petition as it did pre-bankruptcy.
Monitoring will continue.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=zQ6iI8 from PacerMonitor.com.
The ombudsman may be reached at:
Allard & Fish, P.C.
Deborah L. Fish
211 W Fort St. Suite 705
Detroit MI 48226
(313) 309.3171
Email: dfish@allardfishpc.com
About Mission Point of Detroit
Mission Point of Detroit, LLC is a skilled nursing and
rehabilitation facility located in Detroit, Mich. It operates under
the Mission Point Healthcare Services network, which manages
post-acute care centers across the state. The facility provides
short-term rehabilitation, long-term care, and specialized nursing
services.
Mission Point of Detroit sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mich. Case No. 25-43883) on April 16,
2025, listing between $1 million and $10 million in both assets and
liabilities. Judge Maria L. Oxholm handles the case.
Ryan Heilman, Esq., at Heilman Law, PLLC is the Debtor's bankruptcy
counsel.
The Huntington National Bank, as secured creditor, is represented
by:
Douglas C. Bernstein, Esq.
Plunkett Cooney
38505 Woodward Avenue, Suite 100
Bloomfield Hills, MI 48304
(248) 901-4091
dbernstein@plunkettcooney.com
Deborah L. Fish is the patient care ombudsman appointed in the
Debtor's case.
MODIVCARE INC: Creditors' Committee Opposes $100MM DIP Financing
----------------------------------------------------------------
Vince Sullivan of Law360 reports that on September 23, 2025, the
official committee of unsecured creditors challenged Modivcare's
bid for final approval of its $100 million Chapter 11 loan, telling
a Texas bankruptcy court the deal has "numerous infirmities" that
must be resolved.
About ModivCare Inc.
ModivCare Inc. is a technology-enabled healthcare services company
that provides a suite of integrated supportive care solutions for
public and private payors and their members.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90309) on August 20,
2025. In the petition signed by Chad J. Shandler, chief
transformation officer, the Debtor disclosed up to $10 billion in
both assets and liabilities.
Judge Alfredo R. Perez oversees the case.
Timothy A. Davidson II, Esq., at Hunton Andrews Kurth LLP,
represents the Debtor as legal counsel.
MONTE MARTIN: Section 341(a) Meeting of Creditors on November 3
---------------------------------------------------------------
On September 22, 2025, Monte Martin Inc. filed Chapter 11
protection in the Northern District of Texas . According to court
filing, the Debtor reports between $1 million and $10 million in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on November
3, 2025 at 03:00 PM by TELEPHONE.
About Monte Martin Inc.
Monte Martin Inc., f/d/b/a Martin & Martin Design Services, LLC,
Martin & Martin Design Electrical LLC, Martin & Martin Design Fine
Art Services, LLC, and Martin & Martin Design Exhibition Design
LLC, based in Dallas, Texas, provides fine art services, exhibit
design and fabrication, lighting design, and electrical contracting
through its headquarters at 2819 Anode Lane. The Company serves a
diverse clientele including galleries, museums, institutions,
restaurants, retail establishments, hotels, and private collectors,
integrating art and lighting in its projects.
Monte Martin Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-33677) on September
22, 2025. In its petition, the Debtor reports estimated assets
between $100,000 and $500,000 and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Michelle V. Larson handles the case.
The Debtor is represented byDavid Shuster, Esq. of SHUSTER LAW,
PLLC.
MOUNTAIN VIEW: Court OKs Ardmore Mall Sale to United Texas Bank
---------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Texas, Fort
Worth Division, has permitted Mountain View Midstar, LLC, to sell
Property free and clear of liens, claims, interests, and
encumbrances.
The Debtor's Property is a certain commercial real estate located
at 1211 N. Commerce, Ardmore, OK 73401, commonly known as the
Mountain View Mall.
The Debtor is a limited liability company formed on August 12,
2005, under the laws of the State of Oklahoma. The Debtor owns and
operates a shopping center, located at 1211 N. Commerce, Ardmore,
Oklahoma 73401, commonly known as the "Mountain View Mall" or
"Mountain View Shopping Center" or "Shops at Ardmore". At the
Ardmore Mall, the Debtor leases retail space to many well-known
retail chains, including Ulta Salon, Cosmetics & Fragrances, Inc.,
Staples, Inc., GNC General Nutrition Corporation, Hobby Lobby as
well as non-retails users such as Armed Forces Recruiting and The
United States Government. Ardmore, Oklahoma is also considered a
gateway to densely populated cities, including Norman and Oklahoma
City, Oklahoma, in Oklahoma.
The Court has authorized the Debtor to sell the Ardmore Mall to
United Texas Bank as the highest and otherwise best bid for the
Property with $10.8 million.
The Debtor is authorized to assume the unexpired leases and
executory contracts identified in the Assumption Motion, including
all exhibits to the Assumption Motion, and assign them to
Purchaser.
The Notice of the Sale Motion and the Sale Hearing are approved as
being fair, reasonable, and adequate under the circumstances, and
any additional notice as may otherwise be required under state and
federal law is hereby deemed satisfied.
The Debtor is not in default under any leases or contracts proposed
to be assumed in the Assumption Motion and therefore the Debtor is
not required to make any cure payment, except as listed.
About Mountain View Midstar LLC
Joseph Mountain View Midstar LLC is a real estate company that
leases nonresidential properties, including land and other
commercial parcels not classified under traditional building
categories. The Company operates in Hurst, Texas, and is associated
with the Mountain View Mall and Shops at Ardmore.
The Debtor sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Tex. Case No. 25-42648) on July 22, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $10 million and $50 million each.
The Debtor is represented by Joseph Acosta, Esq. at CONDON TOBIN.
United Texas Bank, as lender, is represented by Jason M. Rudd,
Esq., Scott D. Lawrence, Esq., Ethan A. Minshull, Esq., Catherine
A. Curtis, Esq., and Meghan D. Young, Esq., at Wick Phillips Gould
& Martin, LLP, in Dallas, Texas.
MUNAWAR LAW: Examiner Hires Lowenstein Sandler as Counsel
---------------------------------------------------------
The Examiner in the Chapter 11 case of Munawar Law Group PLLC seeks
approval from the U.S. Bankruptcy Court for the Southern District
of New York to hire Lowenstein Sandler LLP to serve as counsel in
the case.
Lowenstein Sandler will provide these services:
(a) assist the Examiner with investigating the veracity of the
material information the Debtor has disclosed in this Chapter 11
Case, whether verbal or written;
(b) assist the Examiner with investigating whether the Debtor has
made transfers to Munawar & Hashmat or Munawar Andrews Santillo or
other third parties that qualify as transfers under chapter 5 of
the Bankruptcy Code;
(c) assist the Examiner with investigating any fees that
constitute property of the Debtor's estate and either were paid or
otherwise are in the possession of the Predecessor Law Firms or
other third parties; and
(d) upon approval by the Court, assist the Examiner with
investigating other relevant matters revealed which the Examiner,
the Debtor or the UST believe should be brought to the attention of
the Court.
Lowenstein Sandler's current hourly rates are:
Partners $775 to $2,175;
Of Counsel $890 to $1,575;
Senior Counsel and Counsel $675 to $1,595;
Associates $550 to $1,150; and
Paralegals, Practice Support and Assistants $225 to
$505.
The attorneys primarily responsible and their hourly rates are:
Eric S. Chafetz $1,195
Michael Kaplan $1,135 and
Mikayla Berliner $865
Lowenstein Sandler is a "disinterested person" within the meaning
of Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Eric S. Chafetz, Esq.
LOWENSTEIN SANDLER LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 262-6700
Facsimile: (212) 262-7402
E-mail: echafetz@lowenstein.com
- and -
Michael Kaplan, Esq.
LOWENSTEIN SANDLER LLP
One Lowenstein Drive
Roseland, NJ 07068
Telephone: (973) 597-2500
E-mail: mkaplan@lowenstein.com
About Munawar Law Group
Munawar Law Group PLLC is operating as a legal services firm with
offices in New York City and Jericho, New York.
Munawar Law Group PLLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-10020) on January 7,
2025. In its petition, the Debtor reports estimated assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million.
Honorable Bankruptcy Judge David S. Jones handles the case.
The Debtor tapped Ronald D. Weiss, Esq., as counsel and MI Tax LLC
as accountants.
NAKED JUICE: BlackRock Debt Marks $559,000 Loan at 54% Off
----------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $559,000 loan
extended to Naked Juice LLC to market at $257,667 or 46% of the
outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a 2025 FLSO Term Loan to Naked
Juice LLC. The loan accrues interest at a rate of 7.65% (3-mo. CME
Term SOFR at 0.50% Floor + 6.10%) per annum. The loan matures on
January 24, 2030.
BlackRock Debt under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Naked Juice LLC is the entity resulting from a spin-off from
PepsiCo, with PAI Partners owning 61% and Pepsi retaining a 39%
stake. Naked Juice, LLC owns the Tropicana, Naked Juice, KeVita and
other select juice brands.
NAKED JUICE: BlackRock Debt Marks $831,000 Loan at 21% Off
----------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $831,000 loan
extended to Naked Juice LLC to market at $659,673 or 79% of the
outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a 2025 FLSO Term Loan to Naked
Juice LLC. The loan accrues interest at a rate of 7.65% (3-mo. CME
Term SOFR at 0.50% Floor + 3.35%) per annum. The loan matures on
May 25, 2029.
BlackRock Debt under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Naked Juice LLC is the entity resulting from a spin-off from
PepsiCo, with PAI Partners owning 61% and Pepsi retaining a 39%
stake. Naked Juice, LLC owns the Tropicana, Naked Juice, KeVita and
other select juice brands.
NB MOUNTAIN: Trustee to Employ Tucker Arensberg PC as Counsel
-------------------------------------------------------------
Michael A. Shiner, the Chapter 11 Trustee for the estates of NB
Mountain Valley, DST and NB Mountain Valley Leaseco, LLC, seeks
approval from the U.S. Bankruptcy Court for the Northern District
of West Virginia to employ Tucker Arensberg, P.C. as its counsel
nunc pro tunc to September 9, 2025.
The firm will provide these services:
(a) advise the Trustee with respect to his powers and duties
regarding the investigation of the Debtors' acts, conduct, assets,
liabilities, financial condition, and the operation and
desirability of continuing Debtors' businesses and retaining or
disposing of Debtors' assets;
(b) advise and consult on the conduct of these Chapter 11 Cases,
including legal and administrative requirements of operating in
Chapter 11;
(c) attend meetings and negotiate with representatives of Debtors,
creditors, and other parties in interest;
(d) take necessary actions to protect and preserve the Debtors'
estates, including prosecuting and defending litigation and
representing the Trustee in negotiations concerning claims;
(e) prepare pleadings including motions, applications, orders,
reports, adversary proceedings, briefs, and other papers for the
administration and/or liquidation of the Debtors' estates;
(f) represent the Trustee in connection with cash collateral use
and postpetition financing;
(g) advise on potential sales or leases of assets;
(h) appear before the Court and other tribunals to represent the
Trustee's interests;
(i) negotiate, prepare, and obtain approval of a disclosure
statement and plan of reorganization or liquidation;
(j) provide information concerning the estate and its
administration to interested parties; and
(k) perform all other necessary legal services, including analysis
of leases, contracts, liens, tax, corporate, and litigation issues,
and preparation of periodic operating reports.
TAPC's discounted hourly rates range from $400 to $700 for
shareholders, $225 to $450 for associates, and $125 to $225 for
paraprofessionals. The projected blended rate is approximately $550
per hour.
According to court filings, the firm is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Michael A. Shiner, Esq.
Tucker Arensberg, P.C.
One PPG Place, Suite 1500
Pittsburgh, PA 15222
Telephone: (412) 594-5586
E-mail: mshiner@tuckerlaw.com
About NB Mountain Valley, DST
NB Mountain Valley, DST owns the Mountain Valley Apartments, a
student- and professional-oriented residential complex located in
Morgantown, West Virginia, near West Virginia University.
NB Mountain Valley, DST and NB Mountain Valley Leaseco, LLC sought
protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
N.D. W. Va. Case No. 25-00456) on August 19, 2025. In the petition
signed by Patrick Nelson, principal, NB Mountain Valley, DST
disclosed up to $50 million in both assets and liabilities.
The Debtors tapped Barth & Thompson and Raines Feldman Littrell LLP
as counsel and Meridian Management Partners LLC as restructuring
advisor.
Honorable Judge David L. Bissett oversees the case.
Fannie Mae, as creditor, is represented by Jeffrey G. Wilhelm,
Esq., and Jessica M. Barnes, Esq. at Reed Smith, LLP.
NBA PROPERTIES: Hires Keller Williams Realty as Real Estate Broker
------------------------------------------------------------------
NBA Properties Inc seeks approval from the U.S. Bankruptcy Court
for the Central District of California, Los Angeles Division, to
hire Brian Parsons of Keller Williams Realty to serve as real
estate broker in its Chapter 11 case.
Keller Williams will provide these services:
(a) provide real estate brokerage services with respect to the
property located at 3880 Shadow Grove Rd., Pasadena, CA 91107; and
(b) market and sell the Debtor's real property located at 3880
Shadow Grove Rd., Pasadena, CA 91107.
Mr. Parsons will receive a commission of 2.5% of the sales price,
which is less than the customary 5% to 6% commission.
Keller Williams Realty and Mr. Parsons are "disinterested persons"
within the meaning of Section 101(14) of the Bankruptcy Code,
according to court filings.
The firm can be reached at:
Brian Parsons
KELLER WILLIAMS REALTY
Keller Williams Realty, LLC
1221 S Mopac Expy #400
Austin, TX 78746
About NBA Properties Inc.
NBA Properties Inc. owns three assets in California -- Pasadena,
Sierra Madre, and Victorville -- including 9.7 acres of vacant land
subdivided into 37 lots. The portfolio is collectively valued at
$7.25 million.
NBA Properties Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-14395) on May 27,
2025. In its petition, the Debtor reports total assets of
$7,283,500 and total liabilities of $6,762,891.
Honorable Bankruptcy Judge Sheri Bluebond handles the case.
The Debtors are represented by Thomas B. Ure, Esq. at URE LAW FIRM.
NIBA DESIGNS: Seeks Approval to Hire DMS Bookkeeping as Bookkeeper
------------------------------------------------------------------
NIBA Designs, Inc. seeks approval from the U.S. Bankruptcy Court
for the Southern District of Florida to employ DMS Bookkeeping,
Inc. as bookkeeper.
The firm will render these services:
(a) virtual bookkeeping;
(b) manage accounts payable and accounts receivable;
(c) conduct monthly bank reconcilations;
(d) payroll processing and sales tax filing;
(e) generate invoices and send them to clients; and
(f) general ledger review.
The firm will be paid at a flat rate of $3,300 per month.
In addition, the firm will seek reimbursement for expenses
incurred.
Danielle Scire, a bookkeeper at DMS Bookeeping, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Danielle Scire
DMS Bookkeeping, Inc.
154 Main Street, Suite 104
Matawan, NJ 07747
About NIBA Designs Inc.
NIBA Designs Inc. designs and manufactures custom luxury rugs for
interior designers and architects, offering fully bespoke pieces
handmade by artisans in India, Nepal, and Peru. The Company
provides thousands of customizable rug designs in various styles
and offers consultation services including custom renderings, color
consulting, and product sampling for residential and commercial
projects. Based in the United States, NIBA Designs works
exclusively with GoodWeave-certified factories and is recognized in
the design community for its craftsmanship, originality, and
socially responsible production practices.
NIBA Designs sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Fla. Case No. 25-19316) on August 13, 2025. In
its petition, the Debtor reported total assets of $157,574 and
total liabilities of $2,728,104.
Honorable Bankruptcy Judge Scott M. Grossman handles the case.
The Debtor tapped Chad Van Horn, Esq., at Van Horn Law Group, PA as
counsel and DMS Bookkeeping, Inc. as bookkeeper.
NUMERICAL CONCEPTS: U.S. Trustee Unable to Appoint Committee
------------------------------------------------------------
The U.S. Trustee for Region 10 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Numerical Concepts, Inc.
About Numerical Concepts Inc.
Numerical Concepts Inc. is a woman-owned manufacturer established
in 1973, specializing in the design and fabrication of both
custom-built machines and individual components for various
industries worldwide. Operating from a 78,000-square-foot facility,
the Company offers comprehensive services including machining,
assembly, inspection, and testing with minimal subcontracting.
Leveraging over 450 years of combined management and machinist
experience, Numerical Concepts serves as a one-stop provider of
complex equipment and parts with a focus on quality and customer
satisfaction.
Numerical Concepts Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-80405) on August 11,
2025. In its petition, the Debtor reported between $1 million and
$10 million in assets and liabilities.
Honorable Bankruptcy Judge Jeffrey J. Graham handles the case.
The Debtor is represented by Jason T. Mizzell, Esq., at Kroger,
Gardis & Regas, LLP.
NV FREIGHT: Seeks to Tap Modestas Law Offices as Bankruptcy Counsel
-------------------------------------------------------------------
NV Freight, Inc. seeks approval from the U.S. Bankruptcy Court for
the Northern District of Illinois to employ Modestas Law Offices,
PC as counsel.
The firm will provide these services:
(a) negotiate with creditors;
(b) prepare a plan and financial statements;
(c) examine and resolve claims filed against the estate;
(d) prepare pleadings filed in the case;
(e) interact with the Trustee in this case;
(f) attend at court hearings; and
(g) otherwise to represent the Debtor in matters before this
court.
Saulius Modestas, Esq., the primary attorney in this
representation, will be billed at his hourly rate of $530 plus
out-of-pocket expenses.
Mr. Modestas disclosed in a court filing that his firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Saulius Modestas, Esq.
Modestas Law Offices, PC
401 S. Frontage Road, Ste. C
Burr Ridge, IL 60527
Telephone: (312) 251-4460
Email: smodestas@modestaslaw.com
About NV Freight Inc.
NV Freight Inc. provides long-distance freight transportation
services. The Company operates in the trucking industry, handling
non-local cargo transport across various regions in the United
States.
NV Freight Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-09610) on June 24,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Michael B. Slade handles the case.
The Debtor is represented by Saulius Modestas, Esq., at Modestas
Law Offices, PC.
OMNICARE LLC: Gets OK to Tap $25MM Initial DIP, Gov't Clash Looms
-----------------------------------------------------------------
Hilary Russ of Law360 reports that Omnicare LLC, a CVS Health unit
serving long-term care facilities, secured Texas court approval
Wednesday, September. 24, 2025, to tap $25 million in interim
bankruptcy financing while facing a $949 million federal judgment
tied to alleged illegal billing.
About Omnicare LLC
Omnicare LLC is a subsidiary of CVS Health that provides
comprehensive pharmacy services.
Omnicare LLC and affiliates sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-80486). In its
petition, the Debtor reports estimated assets between $100 million
and $500 million and estimated liabilities between $1 billion and
$10 billion.
Jenner & Block LLP and Haynes Boone are serving as legal counsel,
Houlihan Lokey is serving as investment banker and Alvarez & Marsal
is serving as restructuring advisor to Omnicare. Stretto, Inc.
serves as claims agent.
OSTEEN'S LOAD: Court Denies Bid to Use Cash Collateral
------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Orlando Division, denied as moot the motion filed by Osteen's Load
and Go, LLC to extend its authority to use cash collateral.
The bankruptcy court on September 15 confirmed the Debtor's Chapter
11 plan of reorganization.
About Osteen's Load and Go
Osteen's Load and Go, LLC is a dumpster rental service provider
serving residential and commercial customers.
Osteen's sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Fla. Case No. 24-06079) on November 7, 2024, with
$100,001 to $500,000 in assets and $1 million to $10 million in
liabilities. Larry Osteen, manager, signed the petition.
Judge Tiffany P. Geyer oversees the case.
The Debtor is represented by:
Jeffrey Ainsworth, Esq.
BransonLaw, PLLC
1501 E. Concord Street
Orlando, FL 32803
Tel: 407-498-6834
Email: jeff@bransonlaw.com
PACKERS HOLDINGS: BlackRock Debt Marks $801,000 Loan at 46% Off
---------------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $801,000 loan
extended to Packers Holdings LLC to market at $428,696 or 54% of
the outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a 2021 Term Loan to Packers
Holdings LLC. The loan accrues interest at a rate of 7.68% (1-mo.
CME Term SOFR at 0.75% Floor + 3.35%) per annum. The loan matures
on March 9, 2028.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Packers Holdings, LLC, known as PSSI, founded in 1972 and
headquartered in Kieler, Wisconsin, is a provider of contract
sanitation services to the food processing industry in the U.S. and
Canada.
PAI HOLDCO: BlackRock Debt Marks $740,000 Loan at 24% Off
---------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $740,000 loan
extended to PAI Holdco, Inc to market at $565,795 or 76% of the
outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a 2020 Term Loan B to PAI
Holdco, Inc. The loan accrues interest at a rate of 8.29% (3-mo.
CME Term SOFR at 0.75% Floor + 4.01%) per annum. The loan matures
on October 28, 2027.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
PAI Holdco, Inc. operates as an investment company.
PAPER IMPEX: To Sell Volvo Equipment to One Click Auto for $13,000
------------------------------------------------------------------
Paper Impex USA Inc. seeks approval from the U.S. Bankruptcy Court
for the Eastern District of New York to sell Equipment, free and
clear of liens, claims, interests, and encumbrances.
The Debtor wants to sell the Equipment known as 2020 Volvo
4V4NC9EH5LN209925.
PSB Credit Services Inc. is the secured creditor and the holder of
a duly perfected security equipment of the equipment.
On September 5, 2025, The Debtor and buyer One Click Auto Ship Inc.
executed a bill of sale of the Equipment with the purchase price of
$13,000.
The Debtor obtained a consent from PSB Credit Services Inc. to sell
the Equipment to One Click.
The Debtor, along with the counsel, has determined that the
proposed purchase price constitutes fair market value based on the
condition of the equipment.
The closing date shall take place at a time and place mutually
agreeable to the Seller and the Buyer.
About Paper Impex USA Inc.
Paper Impex USA Inc. filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No.
24-41618) on April 16, 2024, listing $2,724 in assets and
$2,715,113 in liabilities. The petition was signed by Zafar
Israilov as president.
Judge Nancy Hershey Lord presides over the case.
Alla Kachan, Esq., at the LAW OFFICES OF ALLA KACHAN, P.C., serves
as counsel of the Debtor.
PARAGON MOVING: Unsecureds Will Get 10% of Claims in Plan
---------------------------------------------------------
Paragon Moving & Storage, Inc. filed with the U.S. Bankruptcy Court
for the District of Minnesota a Modified Plan of Reorganization
dated September 17, 2025.
The Debtor is a Minnesota-based moving and storage company
established in 1989, currently headquartered in Plymouth.
The Debtor has built a strong reputation in the residential,
commercial, and designer logistics industries for over 35 years.
The company provides full-service moving, short- and long-term
storage, corporate relocation, and international freight
solutions.
In 2023 and 2024, facing declining liquidity, Paragon sought
outside guidance to stabilize its finances. Unfortunately, rather
than receiving sound restructuring advice, the company was steered
toward merchant cash advance loans by its business consultant,
Global Resources, LLC. These MCA arrangements offered fast cash
advances under the guise of revenue-based financing, but with terms
that proved extraordinarily burdensome to the company's cash flow.
The Debtor and its counsel are actively investigating potential
legal remedies in connection with the financial advice and services
received from Global Resources, LLC, as well as the potentially
predatory nature of certain merchant cash advance agreements. The
Debtor believes it may have been induced into entering unfavorable
financing arrangements through materially misleading guidance and
possible undisclosed conflicts of interest. As part of the
reorganization process, the Debtor's counsel has conducted a
preliminary analysis of potential avoidance actions and other
claims that may be pursued for the benefit of the estate and its
creditors, should such actions prove feasible and cost-effective.
The purpose of this Subchapter V case is to restructure secured and
unsecured obligations into a feasible long-term plan and allow
Paragon to continue as a going concern. The company remains
operational and well-positioned for recovery, with positive
projected cash flow for the summer peak season. With the assistance
of Chapter 11 protections, the company seeks to preserve jobs,
protect customers, and ultimately generate a meaningful recovery
for all stakeholders through its ongoing business operations.
Class 4 consists of General Unsecured Claims. The allowed unsecured
claims total $553,103.97 (excluding disputed claims). This class
includes all allowed unsecured claims not otherwise classified,
including:
* SBA Unsecured Portion: The unsecured portion of the U.S.
Small Business Administration ("SBA") claim in the amount of
$93,103.97, representing the balance of its total allowed claim in
excess of the stipulated collateral value of $70,000. The claim is
partially secured by a blanket lien on the Debtor's inventory,
equipment, accounts, intangibles, and proceeds thereof, junior to
Security Bank Minnesota. The balance of the SBA's claim is
unsecured and treated under this Class.
* KLC Financial, Inc. Unsecured Portion: The claim of KLC
Financial, Inc. in the amount of $46,073.45, as reflected in its
filed Proof of Claim. Although KLC's claim is based on an equipment
lease agreement and is supported by a UCC-1 financing statement,
the creditor has expressly indicated on its Proof of Claim that
this portion of the debt is not secured. Accordingly, the Debtor
treats this portion of KLC's claim as a general unsecured claim in
this Plan.
The Debtor will pay 10% of the allowed general unsecured claims in
a single lump-sum payment within 120 days after the Effective Date.
Payment is anticipated to be funded through debtor-in-possession
financing or other financing obtained by the Debtor, as described
below. This payment will constitute full and final satisfaction of
all allowed general unsecured claims under the Plan.
The Debtor's obligation to make the Class 4 lump-sum distribution
is not contingent upon final resolution of disputed claims. The
Debtor will reserve in a segregated account an amount equal to 10%
of the filed amount of each disputed claim. No distribution will be
made on any disputed claim unless and until such claim is allowed
by Final Order, at which time the reserve for that claim will be
paid in full satisfaction of the claim under this Class. If a
disputed claim is disallowed, the reserved funds will be released
to the Debtor for use in its business operations. Funding of Class
4 Distributions and Working Capital.
The Debtor intends and plans to fund the Class 4 distribution
through new debtor-in-possession ("DIP") financing to be obtained
on or before the Effective Date. The Debtor anticipates seeking a
loan in the principal amount of approximately $85,000 from a
commercial finance company or other lender. The proceeds of such
financing will be allocated as follows: (i) approximately $50,000
to fund the 10% distribution to all allowed Class 4 claims,
including reserves for disputed claims pending resolution; (ii)
approximately $30,000 to provide post-confirmation working capital
for ongoing business operations; and (iii) approximately $5,000 to
cover loan origination fees, legal documentation costs, and other
closing expenses associated with the DIP facility.
Class 5 consists of the allowed unsecured claims of insiders David
Pearson in the amount of $55,306 and Brenda Wirth in the amount of
$103,239.98. These claims are classified separately from all other
unsecured claims pursuant to Sections 1122 and 1123(a)(1) of the
Bankruptcy Code. In accordance with the absolute subordination of
insider claims and the terms of this Plan, no distribution shall be
made on account of the Class 5 claims. Upon the Effective Date, the
Class 5 claims shall be deemed discharged and satisfied without
payment.
Equity interests of Joshua Gjerdingen (90%) and David Pearson (10%)
remain unimpaired. No new equity issued.
The Debtor will fund the Plan through revenue from ongoing
operations. Distributions to creditors will begin as follows:
* Class 1 (Security Bank): Monthly payments of $1,100 on the
15th of each month.
* Class 2 (KLC Financial, Inc.): Monthly payments of $456.15
on the 15th of each month.
* Class 3 (SBA): Monthly payments of $731.00 on the 28th of
each month.
* Class 4 (Unsecured Creditors): 10% of the allowed general
unsecured claims in a single lumpsum payment within 90 days after
the Effective Date.
* Class 5 Insider Unsecured Claims of David Pearson and Brenda
Wirth. No Payments.
* Class 6 Equity. Unimpaired.
A full-text copy of the Modified Plan of Reorganization dated
September 17, 2025 is available at https://urlcurt.com/u?l=u6fbBE
from PacerMonitor.com at no charge.
Counsel to the Debtor:
BUTWINICK LAW OFFICE
Jeffrey H. Butwinick, Esq.
7800 Metro Parkway, Suite 300
Bloomington, MN 55425
p. 651-210-5055
Email: jeff@butwinicklaw.com
About Paragon Moving & Storage Inc.
Paragon Moving & Storage Inc. offers residential, commercial, and
international moving services, along with designer logistics and
storage solutions. Founded in 1989, the company operates a
55,000-square-foot, temperature-controlled warehouse in the Twin
Cities area, providing secure storage for military and civilian
clients. Paragon partners with Wheaton World Wide Moving for
interstate and global relocations.
Paragon sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Minn. Case No. 25-41513) on May 12,
2025. In its petition, the Debtor reported total assets of $267,899
and total liabilities of $1,022,870.
The Debtor is represented by Jeffrey Butwinick, Esq., at Butwinick
Law Office.
KLC Financial, Inc., as secured creditor, is represented by:
Dennis Dressler, Esq.
Dressler & Peters, LLC
101 W. Grand Ave., Ste. 404
Chicago, IL 60654
Phone: 312-602-7360
Fax: 312-637-9378
ddressler@dresslerpeters.com
PERATON CORP: BlackRock Debt Marks $3.01MM Loan at 48% Off
----------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $3,017,000 loan
extended to Peraton Corp to market at $1,562,582 or 52% of the
outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a Second Lien Term Loan B1 to
Peraton Corp. The loan accrues interest at a rate of 8.84% (3-mo.
CME Term SOFR + 7.85%) per annum. The loan matures on February 1,
2029.
BlackRock Debt under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Peraton is a leading national security company delivering
mission-critical technologies and IT solutions to protect the U.S.
and its allies.
PERFECT VIEWS: Seeks Chapter 7 Bankruptcy in Florida
----------------------------------------------------
On September 23, 2025, Perfect Views LLC sought Chapter 7
protection in the Middle District of Florida, according to case no.
25-06035. The company reported $0–$100,000 in debts and 1–49
creditors.
About Perfect Views LLC
Perfect Views LLC is a single asset real estate company.
Perfect Views LLC sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-06035) on September
23, 2025. In its petition, the Debtor reports estimated assets and
liabilities up to $100,000.
Honorable Bankruptcy Judge Tiffany P. Geyer handles the case.
The Debtor is represented by Camille Sebreth, Esq. of Law Office Of
Camille Sebreth PLLC.
PLAZA 106: Seeks to Hire Diaz & Larsen as Bankruptcy Counsel
------------------------------------------------------------
Plaza 106, LLC seeks approval from the U.S. Bankruptcy Court for
the District of Utah to employ Diaz & Larsen as counsel.
The firm's services include:
(a) advise the Debtor of its rights, powers, and duties;
(b) take all necessary action to protect and preserve the
estate of the Debtor;
(c) assist in preparing on behalf of the Debtor all necessary
legal papers in connection with the administration of its estate;
(d) assist in presenting the Debtor's proposed plan of
reorganization and all related transactions and any related
revisions, amendments, etc.; and
(e) perform all other necessary legal services in connection
with this Chapter 11 case.
The firm received a retainer of $42,000 from the Debtor.
Andres Diaz, an attorney at Diaz & Larsen, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Andres Diaz, Esq.
Diaz & Larsen
757 East South Temple, Suite 201
Salt Lake City, UT 84102
Telephone: (801) 596-1661
Facsimile: (801) 359-6803
Email: courtmail@adexpresslaw.com
About Plaza 106 LLC
Plaza 106 LLC, based in Price, Utah, operates in the Iron and Steel
Mills and Ferroalloy Manufacturing industry, producing and
processing ferrous metals and related materials.
Plaza 106 LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Utah Case No. 25-25459) on September 15, 2025. In
its petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
Honorable Bankruptcy Judge Peggy Hunt handles the case.
The Debtor is represented Andres Diaz, Esq. at Diaz & Larsen.
PRIVATE LENDER: Investor Contribution & Income to Fund Plan
-----------------------------------------------------------
Private Lender Network, LLC C ("PLN") filed with the U.S.
Bankruptcy Court for the Western District of Texas a Disclosure
Statement describing Chapter 11 Plan dated September 17, 2025.
The Debtor is a Texas limited liability company. The Debtor's
business is to administer loans and perform related services for
individual and institutional investors.
The Manager of the Debtor is Grady E. Collins. The Debtor is 100%
owned by Noble Capital Ventures, LLC, whose Manager is Jadon F.
Newman.
The Debtor has been in business since 2005 and was formerly known
as Noble Capital Servicing LLC. It is currently servicing 23 loans.
In each case, the Debtor enters into certain Loan Servicing
Agreements ("LSAs") with its investors, which spell out the rights
and responsibilities of each party.
PLN sought bankruptcy protection due to the Receiver's action filed
April 14, 2025, which impacted PLN's ability to do business by
seeking to prevent or reverse ordinary-course transfers and lien
releases.
The Plan channels (i) the Debtor's quarterly Net Disposable Income
and (ii) a $100,000 investor contribution into a distribution fund,
pays administrative and priority claims first, and then distributes
pro rata to general unsecured creditors. Disputed litigation
claims, House Mosaic (Class 2) and Quy (Class 3), are separately
classified with estimation/temporary allowance procedures and
dedicated reserves so the Bankruptcy Case can move forward while
appeals proceed.
In the instance that House Mosaic prevails in its appeal and, per a
final order, adjudged to have an Allowed Secured Claim, it will
recover the net sale proceeds of the Estate's interest in 2405
Tower under Section 1129(b)(2)(A) of the Bankruptcy Code, with any
shortfall treated as a Class 4 unsecured deficiency; if, at the
conclusion of the appeal, House Mosaic has an allowed claim that is
not secured, House Mosaic will share in Class 4 (General Unsecured)
pro rata. Similarly, if Quy prevails in the pending appeal
regarding its judgment for specific performance and if House Mosaic
is not secured, the Tower sale to Quy will proceed and net proceeds
flow to Tower investors consistent with Section 541(d) of the
Bankruptcy Code and the Servicing Agreements.
Class 4 consists of General Unsecured Claims (nonpriority). Each
Holder of an Allowed Class 4 Claim shall receive, in full
satisfaction of such Claim, its Pro Rata share of Class 4
Distributions funded from: (i) the $100,000 Investor Contribution;
(ii) cash deposited into the Plan Fund during the Plan Term of 24
months, consisting of a minimum deposit of $1,000 per month by the
Reorganized Debtor; and (iii) net proceeds of estate asset
monetizations and estate litigation recoveries (for the avoidance
of doubt, investor-beneficial proceeds are excluded consistent with
Section 541(d)) of the Bankruptcy Code. A Disputed Claims Reserve
will be maintained for unresolved Class 4 Claims. No post-petition
interest shall accrue or be paid on Class 4 Claims unless the
Estate is determined to be solvent by Final Order. Class 4
Distributions shall be made quarterly, beginning with the first
quarter after the Effective Date. Class 4 is impaired. Class 4 is
impaired.
Class 5 consists of Allowed nonpriority general unsecured claims of
a single holder in an aggregate amount ≤ $5,000 (excluding Claims
in Classes 2 and 3 and Insider/Affiliate Claims). In full
satisfaction, each Allowed Class 5 Claim shall receive 95% in Cash
on the Initial Distribution Date (no later than 30 days after the
Effective Date), without interest. A Holder of a larger general
unsecured claim may irrevocably elect (by the Voting Deadline) to
reduce its claim to $5,000 and receive $4,750 under this Class;
otherwise the claim is treated in Class 4. Claims held by the same
Holder are aggregated (no claim-splitting or transfers to qualify).
Disputed Class 5 Claims will be reserved at the Class 5 amount and
paid promptly after allowance. Class 5 is Impaired.
Class 6 consists of Equity Interests. The membership interests
shall be retained by Noble Capital Ventures, LLC only upon (and
expressly conditioned on) the irrevocable payment of the $100,000
Investor Contribution into the Plan Fund on or before the Effective
Date and compliance with this Plan's governance/reporting
obligations; if not timely funded, all Class 6 interests are
automatically cancelled without further order, and the Reorganized
Debtor may issue new interests as necessary to implement the Plan.
Class 6 shall receive no distributions unless and until all Allowed
Claims (including any subsequently Allowed Disputed Claims) are
paid in full as provided herein; thereafter, residual value, if
any, may be distributed to Class 6 consistent with applicable law.
Class 6 waives any right to pre-Effective Date dividends or
distributions and agrees that no management fees or insider
distributions shall be paid from estate property except as
expressly authorized by this Plan. Class 6 is Impaired.
The Debtor believes the Plan is feasible because (i) the $100,000
investor contribution is funded on the Effective Date, (ii) ongoing
operations are expected to generate Net Disposable Income
sufficient to pay administrative and priority obligations when due
and to make quarterly distributions to unsecured creditors, and
(iii) the Plan uses a simple Plan Fund/waterfall with built-in
reserves (including a Disputed Claims Reserve and the HM Deficiency
Reserve) so litigation can run its course without stalling
distributions.
A full-text copy of the Disclosure Statement dated September 17,
2025 is available at https://urlcurt.com/u?l=eMIJF6 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Ron Satija, Esq.
Hayward PLLC
7600 Burnet Road, Suite 530
Austin, TX 78757
Tel: (737) 881-7102
Email: rsatija@haywardfirm.com
About Private Lender Network
Private Lender Network, LLC operates in the credit intermediation
sector, providing financing solutions for fix-and-flip, new
construction, and multifamily projects, along with bridge loan
services. Headquartered in Austin, Texas, the company primarily
functions as a wholesale lender, partnering with brokers and
leveraging investor capital to fund loans.
Private Lender Network sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-10742) on May 20,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $1 million and $10 million in liabilities.
The Debtor is represented by Ron Satija, Esq., at Hayward, PLLC.
R.W. SIDLEY: Seeks to Hire Root Spitznas & Smiley as Accountant
---------------------------------------------------------------
R.W. Sidley, Inc. seeks approval from the U.S. Bankruptcy Court for
the Northern District of Ohio to employ Root, Spitznas & Smiley,
Inc. as accountant.
The firm will render tax return preparation services, audit
services of the defined benefit and 401k plans, as RSS provided
before the petition date.
The firm will be paid at these hourly rates:
Randy Gehrlein, Partner $275
Staff $35 - $175
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received $56,000 from the Debtor during the preceding one
year before the petition date.
Mr. Gehrlein disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Randy Gehrlein
Root, Spitznas & Smiley, Inc.
5473 Village Common Drive Suite 205
Erie, PA 16506
About R.W. Sidley Inc.
R.W. Sidley Inc. is a construction materials company based in
Thompson, Ohio.
R.W. Sidley sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ohio Case No. 25-12797) on July 2, 2025. In its
petition, the Debtor reported up to $50,000 in assets and between
$1 million and $10 million in liabilities.
Honorable Bankruptcy Judge Jessica E. Price Smith handles the
case.
The Debtor tapped Anthony J. DeGirolamo, Esq., as counsel and Root,
Spitznas & Smiley, Inc. as accountant.
RELIABLE SECURITY: Unsecureds Will Get 4.72% of Claims in Plan
--------------------------------------------------------------
Reliable Security Staffing LLC filed with the U.S. Bankruptcy Court
for the Northern District of Georgia a Plan of Reorganization dated
September 17, 2025.
The Debtor is a Georgia limited liability company. Debtor operates
as a full-service security firm that delivers professional security
solutions across a wide range of industries (the "Business").
On November 6, 2020, Debtor entered into a Recourse Receivables
Purchase & Security Agreement (the "Porter Factoring Agreement")
with Porter Capital Corporation. Through this Porter Factoring
Agreement, Debtor would send all of its accounts receivable (its
"Receivables") to Porter for collection. Porter would purchase
certain Receivables and advance funds to Debtor at a rate of 90% of
the face value of those purchased Receivables.
Due to Porter having elected not to enter into a post-petition
factoring agreement with the Debtor, Debtor entered into a new
factoring relationship with a factor named Gateway Commercial
Finance, LLC, and the Debtor sought court approval by filing with
the Court on June 23, 2025, the Debtor's Emergency Motion for (i)
Interim Approval of a Post-Petition Master Purchase and Sales
Agreement (as supplemented by a Post-Petition Chapter 11 Bankruptcy
Rider) with Gateway and (ii) Interim Approval of
Debtor-in-Possession Financing and Adequate Protection.
The post-petition Master Purchase and Sales Agreement as
supplemented by a PostPetition Chapter 11 Bankruptcy Rider between
the Debtor and Gateway (referred to collectively as, the "Gateway
Factoring Agreement") was approved by the Court on a final basis on
July 24, 2025. Debtor is continuing to operate its Business and is
continuing to receive purchase price advances from Gateway in
exchange for selling Receivables to Gateway pursuant to the Gateway
Factoring Agreement.
The Debtor's Plan will be funded from its future revenue streams
from advances that the Debtor may receive from Gateway by
continuing to offer to sell to Gateway Receivables created
postconfirmation as a result of the Security Staffing Services the
Debtor performs for its customers under staffing agreements between
the Debtor and those customers. Debtor is seeking to expand and is
attempting to secure new and additional contracts to fuel its
growth.
This Plan deals with all property of Debtor and provides for
treatment of all Claims against Debtor and its property.
Class 10 consists of general unsecured claims and any other claims
not otherwise specifically classified in the Plan, including
deficiency claims pursuant to Section of the Bankruptcy Code and
any Allowed rejection damages (collectively, the "Class 10 General
Unsecured Claims"). The allowed unsecured claims total $988,975.64.
This Class will receive a distribution of $46,707.16 or 4.72% of
their allowed claims.
The Class 10 General Unsecured Claims are Impaired by the Plan and
the Holders of the Class 10 General Unsecured Claims are entitled
to vote to accept or reject the Plan. Notwithstanding anything else
in this Plan to the contrary, any Class 10 General Unsecured Claim
shall be reduced by any payment received by the creditor holding
such claim from any third party or other obligor and Debtor's
obligations hereunder shall be reduced accordingly.
Class 11 consists of the Equity Claims. Latonya Long holds 100% of
the equity in Debtor. The holders of Equity Claims shall retain
their interests in the shares in Debtor. The holders of Class 11
Claims are not Impaired by the Plan and the holders of the Class 11
Claims are conclusively deemed to have accepted the plan.
Plan Payment Procedures
"Administrative and General Unsecured Creditors Payment" means the
projected disposable income of the Debtor to be received in the
three-year-period beginning on the date that the first payment is
due to the General Unsecured Creditors under this Plan, which will
be applied to make payments under the Plan. The Administrative and
General Unsecured Creditors Payment shall be fixed based upon the
amount set forth on the Budget.
Payments in Satisfaction. Debtors shall pay the Administrative and
General Unsecured Creditors Payment in full satisfaction of its
obligations to (i) Administrative Expense Claims, and (ii) Class 10
General Unsecured Claims.
Upon confirmation, Debtor will be charged with administration of
the Case. Debtor will be authorized and empowered to take such
actions as are required to effectuate the Plan. Debtor will file
all post-confirmation reports required by the United States
Trustee's office. Debtor will also file the necessary final reports
and may apply for a final decree after substantial consummation at
such time as Debtor deems appropriate unless otherwise required by
the Bankruptcy Court.
The source of funds for the payments pursuant to the Plan is the
continued operations of Debtor.
A full-text copy of the Plan of Reorganization dated September 17,
2025 is available at https://urlcurt.com/u?l=xwC9fW from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Mark D. Gensburg, Esq.
Jones & Walden LLC
699 Piedmont Avenue, NE
Atlanta, GA 30308
Telephone: (404) 564-9300
About Reliable Security Staffing
Reliable Security Staffing LLC provides security guard services
across Georgia, serving clients in retail, corporate, residential,
event, and construction sectors.
Reliable Security Staffing LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-56853) on
June 20, 2025. In its petition, the Debtor reports estimated
assets between $100,000 and $500,000 and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge Paul Baisier handles the case.
The Debtors are represented by Mark D. Gensburg, Esq. at JONES &
WALDEN LLC.
RICHFIELD NURSING: Hires Capozzi Adler as Special Counsel
---------------------------------------------------------
Richfield Nursing and Rehabilitation LLC seeks approval from the
U.S. Bankruptcy Court for the Middle District of Pennsylvania to
hire Capozzi Adler, P.C. to serve as special counsel in its Chapter
11 case.
Capozzi Adler will provide these services:
(a) represent the Debtor in all CCRC Licensure and Compliance
matters;
(b) handle other licensing issues not related to the
bankruptcy proceeding; and
(c) perform such services as are necessary and appropriate in
connection with the foregoing matters.
Capozzi Adler will receive these hourly rates:
Attorneys $400 to $550;
Paralegals $150;
Law Clerks $200; and
Reimbursement Analysis $275.
The firm is owed approximately $5,388.77 for pre-petition services.
Capozzi Adler believes that it represents no interest adverse to
the Debtor and has no connection with the Debtor's creditors.
Because the firm is being retained as special counsel, the
disinterestedness standard does not apply as set forth in Section
327(c) and 1195 of the Bankruptcy Code.
The firm can be reached at:
Louis J. Capozzi, Jr., Esq.
Capozzi Adler, P.C.
2933 N. Front Street
Harrisburg, PA 17110
Telephone: (717) 233-4101
E-mail: louc@capozziadler.com
About Richfield Nursing and
Rehabilitation
Richfield Nursing and Rehabilitation, LLC and affiliates are
operators of skilled nursing and rehabilitation centers across
Pennsylvania. Each location provides a range of services, including
short-term rehabilitation, long-term care, and therapy. Richfield
Nursing and Rehabilitation sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Pa. Lead Case No. 25-01599) on
June 4, 2025. In its petition, Richfield Nursing and Rehabilitation
reported between $1 million and $10 million in
assets and liabilities.
Judge Henry W. Van Eck handles the cases.
The Debtors are represented by Robert E. Chernicoff, Esq., at
Cunningham, Chernicoff & Warshawsky, P.C.
RICHFIELD NURSING: Seeks to Hire Capozzi Adler as Special Counsel
-----------------------------------------------------------------
Richfield Nursing and Rehabilitation LLC and its affiliates seek
approval from the U.S. Bankruptcy Court for the Middle District of
Pennsylvania to employ Capozzi Adler, PC as special counsel.
The firm will render all Continuing Care Retirement Community
(CCRC) Licensure and Compliance and other matters not related to
the bankruptcy proceeding.
The firm will be paid at these hourly rates:
Paralegals $250 - $300
Reimbursement Analysis $275
Law Clerks $200
Louis Capozzi, Jr., Esq., president of Capozzi Adler, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Louis J. Capozzi Jr., Esq.
Capozzi Adler, PC
2933 N. Front Street
Harrisburg, PA 17110
Telephone: (717) 233-4101
Email: louc@capozziadler.com
About Richfield Nursing and Rehabilitation
Richfield Nursing and Rehabilitation, LLC and affiliates are
operators of skilled nursing and rehabilitation centers across
Pennsylvania. Each location provides a range of services, including
short-term rehabilitation, long-term care, and therapy.
Richfield Nursing and Rehabilitation and its affiliates sought
relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D.
Pa. Lead Case No. 25-01599) on June 4, 2025. In its petition,
Richfield Nursing and Rehabilitation reported between $1 million
and $10 million in assets and liabilities.
Judge Henry W. Van Eck handles the cases.
The Debtors tapped Robert E. Chernicoff, Esq., at Cunningham,
Chernicoff & Warshawsky, PC as counsel and Capozzi Adler, PC as
special counsel.
RIVERS ENTERPRISE: S&P Affirms 'B+' ICR, Outlook Stable
-------------------------------------------------------
S&P Global Ratings affirmed its 'B+' issuer credit rating on Rivers
Enterprise Borrower.
At the same time, S&P assigned its 'B+' issue-level rating and '3'
recovery rating to the proposed secured notes. S&P affirmed its
ratings on Rivers' other debt, including its revolver.
S&P said, "The stable outlook reflects our expectation that Rivers
will reduce S&P Global Ratings-adjusted leverage to 4.8x in 2026
from about 5.1x as of June 30, 2025, pro forma for this
transaction, supported by relatively stable operating performance
and our expectation that management will use most of its
discretionary cash flow (DCF) to reduce debt.
"We affirmed our 'B+' rating despite increased leverage over the
near term. The addition of Rivers Pittsburgh improves the diversity
of Rivers' portfolio and increases its EBITDA base about 45%." Pro
forma for the transaction, Rivers will have a moderately
diversified gaming portfolio (across four gaming markets) and hold
solid competitive positions in Pittsburgh; Schenectady, N.Y.; and
Portsmouth. Its EBITDA concentration from Rivers Portsmouth reduces
from over half to about 40%. Rivers Pittsburgh will account for
about 30% of EBITDA, with the remaining 30% split between Rivers
Schenectady and Rivers Philadelphia.
Rivers Enterprise Borrower LLC intends to acquire the equity stake
of Rivers Casino Pittsburgh from majority owner Walton Street
Majestic Star Holdings and other minority investors for
approximately $550 million. Rivers' majority owner, the Bluhm
family, will roll its existing minority equity stake in Rivers
Pittsburgh into Rivers Enterprise Borrower in conjunction with this
transaction.
It plans to fund the acquisition and repayment of Rivers
Pittsburgh's debt with proceeds from an upsized $550 million
revolving credit facility due in 2030 and $600 million senior
secured notes due in 2030.
Despite an increase in pro forma S&P Global Ratings-adjusted
leverage to about 5x from about 4x, S&P believes this transaction
moderately improves Rivers' geographic diversity, reduces EBITDA
concentration in Portsmouth, Va., and increases EBITDA about 45%.
S&P Global Ratings affirmed its 'B+' issuer credit rating on Rivers
Enterprise Borrower.
Rivers Schenectady, Philadelphia, and Pittsburgh operate in stable
competitive markets and limited license jurisdictions. However,
Rivers Portsmouth, the newest property that opened in January 2023,
operates in a new market as the first full casino in Virginia with
a changing competitive landscape. Since its opening, Rivers
Portsmouth has performed well due to limited nearby competition,
the closest more than 180 miles away in Danville, Va. (Caesars),
and Oxon Hill, Md. (MGM). Virginia is a relatively new gaming
market and is currently limited to five gaming licenses for
full-service casinos, which have all been allocated. Rivers
Portsmouth will face new competition at the end of the year with
the opening of Boyd's temporary casino 7 miles away in Norfolk, Va.
Although S&P expects Boyd's temporary facility will be smaller with
few amenities, it may attract Rivers Portsmouth players who live
closer to Norfolk, given that convenience is an important factor
for regional gaming customers. For example, most Rivers Portsmouth
players live within 25 miles of the casino.
The opening of Caesars' permanent casino in Danville at the end of
2024 has not had a material impact on Rivers Portsmouth, with
revenue increasing about 3% in the first half of 2025. S&P said,
"We expect more significant competition beginning in 2028 when Boyd
is to open its permanent casino and hotel. We also expect Rivers
Portsmouth could face some competition from the temporary Live!
Virginia casino when it opens in Petersburg, Va., in early 2026.
This property is about 70 miles from Portsmouth, thus we anticipate
it will likely have a more-muted impact."
Rivers Pittsburgh has a leading position a crowded market. It
competes directly with five casinos, none within a 25-mile radius.
Furthermore, it has an advantageous location near sports arenas and
the convention center. The casino enjoys a leading market share of
gaming revenue (about 40%). Its nearest competitor, Hollywood
Casino at The Meadows, generates about half of Rivers Pittsburgh's
gross gaming revenue. The Hollywood Casino is approximately 25
miles from Rivers Pittsburgh. The next largest competitor, Live!,
is about 40 miles away and generates about one-third of Rivers
Pittsburgh's gross gaming revenue. The other competitors are
between 40 and 60 miles away and split 25% of the market.
In the first half of 2025, revenue and EBITDA declined 3%, mostly
due to a decline in brick-and-mortar gaming revenue, as its online
gaming revenue did not grow enough to offset the slight
cannibalization of on premises revenue. Over the next two years,
S&P expects Rivers Pittsburgh will generate relatively stable
results as a market leader, with risk of some decline in EBITDA if
it cannot offset this trend.
Rivers Schenectady, which competes with the Saratoga Casino about
20 miles away, accounts for about 60% of the market's gross gaming
revenue and is closer to the population center of Albany, N.Y. S&P
said, "The upstate New York gaming market is well established, and
we do not expect new nearby competition because the state will
likely award the three remaining licenses to downstate operators.
We expect this stable market to expand in the low-single-digit
percentage area. Despite flat revenue and an 18% decline in
property-level EBITDA in 2024, Rivers Schenectady returned to
growth in the first half of 2025 with about 6% higher revenue and
10% higher EBITDA."
In contrast, Rivers Philadelphia operates in a highly competitive
market with four casinos in a 25-mile radius: Live! Philadelphia (6
miles), Parx Casino (17 miles), Harrah's Philadelphia (20 miles),
and Valley Forge (23 miles). Parx Casino holds the largest market
share at about 43%, while the remaining operators split the rest
(Live! [20%], Rivers Philadelphia [17%], Harrah's [10%], and Valley
Forge [10%]). Similar to Pittsburgh, challenging revenue trends
amid cannibalization by online gaming and digital sports betting
have affected the market.
Rivers Philadelphia has offset declines in brick-and-mortar revenue
with more online revenue for a total increase of about 6% in the
first half of 2025. Brick-and-mortar revenue improved 6% in the
second quarter as the hotel ramped up operations and hold improved.
However, poor hold and increased expenses mostly because of higher
gaming taxes stemming from the shift to online gaming revenue,
which is taxed at a higher rate, led to about a 9% decline in
EBITDA in the first half. Rivers Philadelphia faces particularly
strong competition from Live! Philadelphia, its closest competitor,
which is a newer property that opened in 2021 and has been
marketing aggressively.
S&P said, "Leverage of 4.8x next year is a solid cushion to our
5.25x downgrade threshold to absorb new competition in Portsmouth.
Pro forma for this transaction, we expect S&P Global
Ratings-adjusted leverage will be about 5x at the end of 2025. For
2025, we forecast Rivers will increase revenue by the
low-single-digit percent area, in line with the expansion in U.S.
consumer spending, as strong online gaming growth offsets a
brick-and-mortar decline at the Pennsylvania properties. We assume
EBITDA margins will be stable in 2025 relative to 2024 at about
25%. In 2026, we assume some minimal impact to Rivers Portsmouth
from Boyd's new temporary facility in Norfolk and that the rest of
the portfolio should expand in the low-single-digit percent area.
We anticipate a small improvement in adjusted EBITDA margins from
lower management fees at Rivers Pittsburgh after the transaction.
"We believe management is committed to reducing debt and has repaid
$40 million of revolver borrowings since the close of the February
2025 transaction that consolidated the three casinos. We assume
that Rivers will use most of its DCF and excess cash on Rivers
Pittsburgh's balance sheet to reduce debt. Therefore, we forecast
S&P Global Ratings-adjusted leverage will decline to 4.8x by the
end of 2026, which will provide it with some cushion to absorb
unexpected operating volatility."
Macroeconomic risks could impede consumer discretionary spending,
though River's geographic diversity, solid market positions in
three of its regional gaming markets and continued digital growth
may lessen their impact. Rising unemployment and inflation risks
from tariffs could weaken consumer spending. S&P said, "However, we
also believe that regional gaming operators could benefit from more
discretionary spending that results from income tax reductions in
the U.S. spending and tax bill passed in July 2025. Nevertheless,
like most regional operators, Rivers generates most of its cash
flow from a small percentage of customers in its databases.
Therefore, if these customers remain relatively healthy and Rivers
maintains its cost controls and marketing discipline, we believe it
will have some cushion to navigate a pullback."
S&P said, "In the first half of 2025, Rivers expanded revenue by a
low-single-digit percentage, in line with our previous forecast. We
expect that its moderately diversified portfolio in stable markets
should continue this improvement over the next two years.
Nevertheless, Rivers could underperform our base-case forecast if
consumer discretionary spending in its markets pulls back more than
expected.
"The stable outlook reflects our expectation that Rivers' S&P
Global Ratings-adjusted leverage will decline to 4.8x in 2026 from
about 5.1x as of June 30, pro forma for this transaction, supported
by relatively stable operating performance and our expectation that
management will use most of its DCF to reduce debt. We expect it
will increase leverage cushion relative to our 5.25x downgrade
threshold to absorb unexpected operating volatility and the
expected arrival of new competition near Rivers Portsmouth by
2026."
S&P could lower its rating on Rivers if:
-- Operating performance deteriorates because of weaker demand or
greater-than-expected headwinds from new competition, particularly
in Virginia, that sustains leverage of more than 5.25x; or
-- While less likely, the company pursues acquisitions or
developments that sustain leverage of more than 5.25x absent a
material improvement in our assessment of its business risk.
S&P said, "We view an upgrade as unlikely over the next two years,
given that this transaction meaningfully increases leverage. In
addition, we expect declining EBITDA and increased leverage once
Boyd opens its permanent casino near Rivers Portsmouth at the end
of 2027. However, we could raise our rating on Rivers if it
sustains leverage below 4x after incorporating the impact of new
competition and expected distributions to its owners."
RMKD LIQUORS: Claims to be Paid from Asset Sale Proceeds
--------------------------------------------------------
RMKD Liquors Inc., d/b/a Columbia Wine Co., filed with the U.S.
Bankruptcy Court for the Southern District of New York a Subchapter
V Plan of Reorganization dated September 16, 2025.
The Debtor is a retail liquor store in New York that specializes in
selling alcoholic beverages.
The Debtor is a New York Corporation which maintains its principal
place of business at 4038 Broadway, New York, New York 10032 in the
building known as and located at 565 West 169th Street, New York,
New York 10032 ("Business Location"), in the Washington Heights
area of New York City.
The primary reason for the Debtor's filing of the instant case was
due to the significant loss of business due as a result of the
COVID-19 pandemic which led to decreased business over the years.
The Debtor struggled to maintain its Lease payments together with
payments on its other financial obligations. Ultimately, the Debtor
defaulted.
The Debtor, faced with these challenges in meeting its financial
obligations despite securing multiple loans, ultimately made the
decision to sell substantially all of its assets.
Pre-petition, the Debtor secured a business broker, RE/MAX
("Broker"), to secure a ready, willing and able purchaser for its
business, which the Broker did. The Debtor has been negotiating
with the potential purchaser and is hopeful that an asset purchase
agreement will be finalized shortly.
As stated, unsecured claims total $146,141.27. After secured,
administrative and priority claims are paid in full, $0.00 will
remain to be distributed to unsecured creditors of their timely
filed claims under this Plan.
The projection of the net sale proceeds from the gross sale price
of $400,000 is the Debtor's projected disposable income. There will
be no funds remaining after distribution to secured creditors on
their validly held liens against the Debtor's assets and as such,
unsecured creditors will receive $0.00 distribution under the Plan.
This Plan under chapter 11 of Title 11 of the United States Code
proposes to pay creditors of the Debtor from the net sale proceeds
of substantially all of its assets.
General Unsecured Creditors holding allowed claims will receive
distributions which the Debtor has valued at approximately $0.00
cents on the dollar. This Plan also provides for the payment of
administrative and priority claims.
Class 6 consists of all Allowed General Unsecured Claims, which
shall be paid $0.00 on its claim. Class 6 is impaired and is
entitled to vote to accept or reject the Plan.
Upon the effective date of the plan, the holder of the interests of
the Debtor shall retain such interests.
The distribution to the creditors of the Debtor is to be made after
closing on the sale of substantially of the Debtor's assets to a
potential purchaser together with existing cash of the Debtor in
its DIP account. The Debtor specifically reserves all future income
necessary for operating expenses and working capital.
A full-text copy of the Subchapter V Plan dated September 16, 2025
is available at https://urlcurt.com/u?l=dRpJJ6 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Jeb Singer, Esq.
J. Singer Law Group, PLLC
1 Liberty Plaza, 23rd Floor
New York, New York 10006
Telephone: (917) 806-5832
Email: jsinger@jsingerlawgroup.com
About RMKD Liquors
RMKD Liquors Inc. operates a retail liquor store in New York,
offering a variety of alcoholic beverages including wine, vodka,
whiskey, rum, tequila, and liqueurs. It also sells alcohol-related
accessories such as bottle openers, wine bags, and wine keys, and
occasionally stocks specialty items like cocktail mixers containing
alcohol.
RMKD Liquors sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-10940) on May 7,
2025. In its petition, the Debtor reported total assets of $127,400
and total liabilities of $1,440,174.
Judge David S. Jones handles the case.
The Debtor is represented by Jeb Singer, Esq., at J. Singer Law
Group, PLLC.
RMS CARRIERS: Court OKs Interim Use of Cash Collateral
------------------------------------------------------
The U.S. Bankruptcy Court for the District of South Carolina issued
an interim order granting RMS Carriers, LLC approval to use cash
collateral.
The interim order authorized the Debtor to use cash collateral
pending a final hearing in accordance with the budget, subject to a
10% variance.
The Debtor projects total operational expenses of $26,911 for
September and $47,761 for October.
As adequate protection for any diminution in its pre-bankruptcy
cash collateral, the U.S. Small Business Administration and other
secured creditors will be granted replacement liens on
post-petition cash collateral, with the same validity and priority
as its pre-bankruptcy liens.
Meanwhile, the Debtor was ordered to make payments to the
Subchapter V trustee ($1,000 within 30 days, then $500 monthly
thereafter). All professional fees require court approval before
disbursement.
A final hearing is scheduled for October 21.
About RMS Carriers, LLC
RMS Carriers, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.S.C. Case No. 25-03590) on September 12,
2025, listing between $100,001 and $500,000 in assets and between
$500,001 and $1 million in liabilities.
Judge Elisabetta Gm Gasparini oversees the case.
The Debtor is represented by:
William Harrison Penn, Esq.
Penn Law Firm, LLC
Tel: 803-771-8836
Email: hpenn@pennlawsc.com
SALLY'S RESTAURANT: Seeks to Hire Gregory A. Flood as Counsel
-------------------------------------------------------------
Sally's Restaurant LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to employ The Law Office
of Gregory A. Flood as counsel.
The firm's services include:
(a) advise the Debtor with respect to its powers and duties
and the continued management of its property and affairs;
(b) negotiate with creditors of the Debtor and work out a plan
of reorganization and take the necessary legal steps in order to
effectuate such a plan;
(c) prepare on behalf of the Debtor all necessary legal papers
required for it that seek protection from its creditors under
Chapter 11 of the Bankruptcy Code;
(d) appear before the Bankruptcy Court to protect the interest
of the Debtor and to represent it in all matters pending before the
court;
(e) represent the Debtor in connection with obtaining
post-petition financing;
(f) take any necessary action to obtain approval of a
disclosure statement and confirmation of a plan of reorganization;
and
(g) perform all other legal services of the Debtor which may
be necessary for the preservation of its estate and to promote the
best interest of it, its creditors and its estate.
Gregory Flood, Esq., the primary attorney in its representation,
will be billed at his hourly rate of $300.
The firm received a pre-petition retainer of $2,250 and the filing
fee of $1,738 from the Debtor.
Mr. Flood disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Gregory A. Flood, Esq.
Law Office of Gregory A. Flood
900 South Ave. Ste. 300
Staten Island, NY 10314
Telephone: (718) 568-3678
About Sally's Restaurant LLC
Sally's Restaurant LLC is a food service business operating in
Brooklyn, New York.
Sally's Restaurant LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-4384) on August 8,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $100,000 and $500,000.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtor is represented by Gregory A. Flood, Esq., at the Law
Offices of Gregory A. Flood.
SERVICE PROPERTIES: S&P Rates $580MM Zero-Coupon Sec. Notes 'B+'
----------------------------------------------------------------
S&P Global Ratings assigned its 'B+' issue-level rating and '2'
recovery rating to Service Properties Trust's (SVC) new zero-coupon
senior secured notes.
The company issued an aggregate principal amount at maturity of
$580.2 million of the notes due September 2027, with a 12-month
extension option. If the extension option is exercised, interest
payments will be due semi-annually during the extension period at
an initial interest rate of 7.50% with increases of 25 basis points
(bps) every 120 days that the notes remain outstanding. The new
notes are guaranteed by certain of SVC's subsidiaries and secured
by first-priority liens on the equity interests of subsidiaries
that own and lease 36 travel center properties to TravelCenters of
America Inc. pursuant to a master lease.
S&P expects net proceeds of approximately $490 million will be used
to redeem in full the company's outstanding 4.75% senior unsecured
notes due October 2026--SVC announced the early redemption of these
notes at a redemption price equal to the principal amount of $450
million, plus accrued and unpaid interest--and to repay amounts
outstanding on its revolving credit facility.
SEXTANT STAYS: Seeks to Extend Plan Exclusivity to November 24
--------------------------------------------------------------
Sextant Stays Inc. d/b/a Roami asked the U.S. Bankruptcy Court for
the Southern District of Florida to extend its exclusivity periods
to file a plan of reorganization and obtain acceptance thereof to
November 24 and December 15, 2025, respectively.
This is the Debtor's first motion for extension of the Exclusive
Periods. The Debtor is only approximately four months into its
Chapter 11 Case and given the Sale Dispute, it does not have enough
information currently to formulate and execute on a proposed
Chapter 11 plan. Notwithstanding the duration of this case, the
Debtor has made significant progress to date in resolving the Sale
Dispute to propose a confirmable Chapter 11 plan. Shortly after the
Sale Dispute arose, the Debtor engaged in discussions with the
Buyer to resolve the Sale Dispute.
The Debtor explains that the company and Buyer are attempting to
resolve the Sale Dispute as expeditiously as possible; however,
they need the full 45day reconciliation period to have the
information necessary to resolve the Sale Dispute. Given the
progress made to date, the administration of this Chapter 11 Case
and the negotiation, formulation, and filing of a Chapter 11 plan
will necessarily require a short period of additional time and
effort. Under these circumstances, the requested extensions of the
Exclusive Periods are necessary and appropriate.
The Debtor claims that it commenced formulation of a Chapter 11
plan and is evaluating the characteristics of its plan, including
the Debtor's net proceeds from the sale of substantially all of its
assets to the Buyer. Furthermore, the Debtor is currently focused
on resolving the Sale Dispute. Once resolved the Debtor is prepared
to quickly proceed with the filing of a proposed Chapter 11 plan.
Given the Debtor's progress, the Debtor submits that it has
demonstrated a reasonable prospect for filing a confirmable Chapter
11 plan.
The Debtor asserts that it is not seeking to use an extension to
pressure creditors to submit to its demands. The short extension
requested herein is necessary to provide creditors with the
necessary information for it to determine whether to vote to accept
or reject the Debtor's forthcoming Chapter 11 plan.
As a result, no party-in-interest will be prejudiced if the
requested extensions are granted. In fact, all parties-in-interest
will benefit from the requested extension given that the Debtor's
Chapter 11 plan will provide adequate information necessary for
creditors to vote on the plan.
The Debtor further asserts that it is working towards resolving the
Sale Dispute, it has yet to be resolved and critical contingencies
must be concluded vis-a-vis the reconciliation process for the
Debtor to provide adequate information on its Chapter 11 plan to
creditors. The Debtor is still currently working to resolve the
Sale Dispute, with such resolution to occur shortly after October
4, 2025, the date at which the reconciliation process will
conclude.
Counsel for the Debtor:
EDELBOIM LIEBERMAN PLLC
Brett D. Lieberman, Esq.
Alexander Lewitt, Esq.
2875 NE 191st St., Penthouse One
Miami, FL 33180
Telephone: (305) 768-9909
Facsimile: (305) 928-1114
Email: brett@elrolaw.com
Email: alex@elrolaw.com
About Sextant Stays
Sextant Stays, Inc., doing business as Roami, is a hospitality
company that offers urban group travel accommodations in cities
such as Miami and New Orleans. Founded in 2016, the company manages
entire buildings to provide consistent, design-forward spaces aimed
at delivering memorable and connected travel experiences. Sextant
Stays' approach bridges the gap between traditional hotels and
inconsistent vacation rentals, catering to modern travelers seeking
comfort, reliability, and style.
Sextant Stays sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-15908) on May 27,
2025, listing $5,033,274 in assets and $15,895,759 in liabilities.
Andreas King-Geovanis, chief executive officer of Sextant Stays,
signed the petition.
Judge Robert A. Mark oversees the case.
Brett Lieberman, Esq., at Edelboim Lieberman, PLLC represents the
Debtor as legal counsel.
SIRVA WORLDWIDE: BlackRock Debt Marks $1.04MM Loan at 61% Off
-------------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $1,046,000 loan
extended to SIRVA Worldwide, Inc to market at $407,802 or 39% of
the outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a 2021 Term Loan C to SIRVA
Worldwide, Inc. The loan accrues interest at a rate of 12.32%
(3-mo. CME Term SOFR at 2% Floor + 8%) per annum. The loan matures
on August 20, 2029.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
SIRVA Worldwide, Inc., headquartered in Westmont, Illinois, is a
wholly owned operating subsidiary of SIRVA, Inc., which provides
relocation services, including transferring corporate and
government employees and moving individual consumers.
SOLENIS HOLDING: S&P Rates Subsidiary's Senior Secured Notes 'B-'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'B-' issue-level rating and '3'
recovery rating to the proposed $2.55 billion U.S. dollar- and
euro-denominated senior secured notes due 2033 issued by Solenis
Holding Ltd.'s subsidiary Olympus Water US Holding Corp. The '3'
recovery rating indicates our expectation for meaningful (50%-70%;
rounded estimate: 50%) recovery in the event of a default.
S&P expects the company will use the proceeds from these notes to
pay off its existing $1.7 billion senior secured notes due 2028 and
EUR630 million senior secured notes due 2028.
Issue Ratings--Recovery Analysis
Key analytical factors
-- The term loans and senior secured notes are secured by a
first-lien interest in all nonworking capital assets, including
capital stock, equipment, intellectual property, and other assets
of the borrower and guarantors (domestic), and a second lien on
asset-based lending (ABL) collateral.
-- The borrower and issuer under the senior secured and unsecured
debt is Olympus Water US Holding Corp., jointly and severally
guaranteed by the parent Solenis and by existing and future direct
and indirect wholly owned material domestic subsidiaries.
-- In the event of an insolvency proceeding, S&P anticipates the
company will likely file for bankruptcy protection under the
auspices of the U.S. Federal Bankruptcy Court system and keep its
foreign operations out of bankruptcy with respect to the
jurisdictions where they are located.
-- S&P's hypothetical default scenario for Solenis considers an
extended recessionary environment that materially affects the
markets that it operates in, such that pricing pressure and
customer losses impair the company's operating performance.
-- S&P anticipates that under such a scenario, a payment default
could occur if Solenis' cash flow becomes inadequate to cover its
fixed-charge requirements, mainly debt service and required capital
expenditure, and it eventually uses up its liquidity.
Simulated default assumptions
-- Given Solenis' widely established operating platform, with
operations worldwide and an extensive customer base, we anticipate
that in the default scenario the company would likely reorganize
and rationalize its operating structure by reducing costs and
regaining some, if not all, of its margins in addition to
restructuring its capital structure, then emerge from bankruptcy as
a going concern. As such, we have employed a going-concern
valuation approach using an estimated emergence EBITDA of $884
million and a 5.5x EBITDA multiple.
-- Simulated year of default: 2027
-- Emergence EBITDA: $1.06 billion
-- EBITDA multiple: 5.5x
Simplified waterfall
-- Net enterprise value (after 5% administrative expenses):
Approximately $4.1 billion
-- Valuation split (obligor/nonobligor): 37%/63%
-- Domestic recovery value: $1.5 billion
--Less: ABL outstanding at default: $115 million
-- Net domestic recovery value available to first-lien debt: $1.4
billion
-- Foreign recovery value: $2.6 billion
--Less: ABL outstanding at default: $292 million
--Less: Unpledged 35% of foreign stock value: $800 million
-- Foreign stock pledge value: $1.5 billion
-- Aggregate recovery value available to first-lien debt: $2.9
billion
-- Estimated first-lien debt at default: $6.6 billion
-- Unencumbered recovery value: $808 million
-- Deficiency claim--first-lien debt: $3.7 billion
-- Unsecured note debt: $700 million
-- Total unsecured claims: $4.4 billion
--First-lien recovery expectations: 50%-70% (rounded estimate:
50%)
First-lien recoveries
-- Domestic recovery value: About $2.99 billion
--Less: ABL outstanding at default, capital leases, other:
About $395 million
-- Net domestic recovery value available to first-lien debt: About
$2.6 billion
-- Foreign recovery value: $2.45 billion
--Less: ABL outstanding at default: $335 million
--Less: Unpledged 35% of foreign stock value: $740 million
-- Foreign stock pledge value: $1.37 billion
-- Recovery value available to first-lien lenders from collateral:
$3.97 billion
-- Recovery value available to first-lien lenders from deficiency
claim: $650 million
-- Aggregate recovery value available to first-lien lenders: $4.62
billion
-- Estimated first-lien debt at default: $9.2 billion
--First-lien recovery expectations: 50%-70% (rounded estimate:
50%)
Unsecured recoveries
-- Aggregate recovery value from unpledged assets available to
unsecured debt holders: $90 million
-- Unsecured note debt: $707 million
--Unsecured recovery expectations: 10%-30% (rounded estimate:
15%)
SOUTHWESTERN MATTRESS: Closes Selma Location Amid Bankruptcy
------------------------------------------------------------
Factory Mattress has shuttered its Selma store at 14615 I-35, staff
confirmed to Community Impact.
The closure follows the June 7 bankruptcy filing of parent company
Southwest Mattress Sales in Austin. Several Austin-area Factory
Mattress stores have already closed as part of the restructuring,
according to report.
In San Antonio, additional locations are expected to wind down
operations. A store off Hwy. 281 will close once inventory is sold,
with west-side and San Pedro Avenue locations to follow, according
to the company's liquidation team, the report states.
About Southwestern Mattress Sales Inc.
Southwestern Mattress Sales, Inc., d/b/a Factory Mattres, is a
retailer of mattresses based in Austin, Texas.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 24-10652) on June 7,
2024. In the petition signed by Stephen Frey, president, the Debtor
disclosed up to $10 million in both assets and liabilities.
Jason Binford, Esq., at ROSS, SMITH & BINFORD, PC, represents the
Debtor as legal counsel.
SPEEDHAUS 405: Seeks to Hire Blackwood Law Firm as Counsel
----------------------------------------------------------
Speedhaus 405, LLC seeks approval from the U.S. Bankruptcy Court
for the Western District of Oklahoma to employ Blackwood Law Firm,
PLLC to handle its Chapter 11 case.
The hourly rates of the firm's counsel and staff are as follows:
Attorneys $450
Legal Assistants and Law Clerks $100
In addition, the firm will seek reimbursement for expenses
incurred.
Amanda Blackwood, Esq., an attorney at Blackwood Law Firm,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Amanda R. Blackwood, Esq.
Blackwood Law Firm, PLLC
512 N.W. 12th Street
Oklahoma, OK 73103
Telephone: (405) 309-3600
Facsimile: (405) 378-4466
Email: amanda@blackwoodlawfirm.com
About Speedhaus 405
Speedhaus 405, LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Okla. Case No. 25-12852) on Sept. 15,
2025, listing up to $50,000 in assets and up to $1 million in
liabilities.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtor is represented by Amanda R. Blackwood, Esq., at
Blackwood Law Firm, PLLC.
SPRINGS WINDOWS: BlackRock Debt Marks $658,000 Loan at 24% Off
--------------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $658,000 loan
extended to Springs Windows Fashions, LLC to market at $501,333 or
76% of the outstanding amount, according to a disclosure contained
in BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a First Lien Second out Term
Loan A2 to Springs Windows Fashions, LLC. The loan accrues interest
at a rate of 8.44% (1-mo. CME Term SOFR at 1% Floor + 4.11%) per
annum. The loan matures on October 6, 2028.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Springs Window Fashions, LLC manufactures and distributes home
furnishing products. The Company produces products such as blinds,
shades, panels, and drapery hardware. Springs Window Fashions
operates in the United States.
STITCH ACQUISITION: BlackRock Debt Marks $205,000 Loan at 17% Off
-----------------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $205,000 loan
extended to Stitch Acquisition Corp to market at $170,174 or 83% of
the outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a 2024 Second out Term Loan to
Stitch Acquisition Corp. The loan accrues interest at a rate of
12.06% (3-mo. CME Term SOFR + 7.50%) per annum. The loan matures on
December 31, 2029.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Stitch Acquisition Corp. operates as SVP Worldwide, an American
private company that designs, manufactures, and distributes
consumer sewing machines and accessories around the world under
three brands: Singer, Husqvarna Viking, and Pfaff. In 2021,
Platinum Equity Partners entered into a definitive agreement to
acquire SVP Worldwide from Ares Management for $484 million. Stitch
Acquisition Corp. was created to be the financial reporting entity
of SVP Worldwide going forward.
STRIKE LLC: Trust Reaches Deal w/ Jackson Walker Over Judge Romance
-------------------------------------------------------------------
Lynn LaRowe of Law360 Bankruptcy Authority reports that Strike
LLC's liquidating trust has agreed to a $440,000 settlement with
Jackson Walker LLP over allegations tied to a hidden relationship
between a onetime firm lawyer and a former bankruptcy judge, the
latest in a series of related resolutions.
About Strike LLC
Strike, LLC -- http://www.strikeusa.com/-- is a full-service
pipeline, facilities, and energy infrastructure solutions provider.
Headquartered in The Woodlands, Texas, Strike partners closely with
clients all across North America, safely and successfully
delivering a full range of integrated engineering, construction,
maintenance, integrity, and specialty services that span the entire
oil and gas life cycle.
Strike and its affiliates sought Chapter 11 protection (Bankr. S.D.
Tex. Lead Case No. 21-90054) on Dec. 6, 2021. In the petitions
signed by CFO Sean Gore, Strike listed as much as $500 million in
both assets and liabilities.
The cases are handled by Judge David R. Jones.
The Debtors tapped Jackson Walker LLP and White & Case LLP as legal
counsels; Opportune, LLP as financial advisor; and Opportune
Partners, LLC as investment banker. Epiq Corporate Restructuring,
LLC is the claims agent.
The U.S. Trustee for Region 7 appointed an official committee of
unsecured creditors on Dec. 15, 2021. The committee is represented
by Marty Brimmage, Esq.
SUMMIT HARD: Court Approves Use of Cash Collateral
--------------------------------------------------
Summit Hard Cider and Perry Company, LLC received approval from the
U.S. Bankruptcy Court for the District of Colorado to use its
lenders' cash collateral to fund operations.
The court order authorized the Debtor to use cash from its
pre-bankruptcy receivables, sales of inventory, and a newly
established debtor-in-possession account to pay operating and
administrative expenses as outlined in the approved budget.
The creditors that have interest in the cash collateral include the
U.S. Small Business Administration and taxing authorities such as
The Colorado Department of Revenue, Larimer County Treasurer and
the City of Fort Collins.
As adequate protection, the Debtor will make a monthly payment of
$460 to the SBA, $26.47 to Larimer County Treasurer, $70 to the
City of Fort Collins, and $76.24 to the Colorado Department of
Revenue. Payments will start on the 30th day of the month following
final approval of the Debtor's bid to use cash collateral.
The automatic stay provided for under Section 362 of the Bankruptcy
Code was vacated to the limited extent to allow the creditors to
accept payments on their secured debt.
As further protection, the creditors were granted replacement liens
on all collateral on which they held pre-bankruptcy security
interests. These replacement liens maintain the same validity,
priority, and secured value as the original pre-bankruptcy liens.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/5wqJ2 from PacerMonitor.com.
About Summit Hard Cider and Perry Company
Summit Hard Cider and Perry Company LLC, operating in Fort Collins,
Colorado, produces and sells craft hard ciders and perries, and
operates a taproom and pub under the Scrumpy's brand, offering
beverages and food to consumers. The Company also collects local
fruit through a mobile juicing trailer to create both alcoholic and
non-alcoholic drinks.
Summit Hard Cider and Perry Company sought relief under Subchapter
V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Colo. Case
No. 25-15079) on August 13, 2025. In its petition, the Debtor
reports total assets of $164,233 and total liabilities of
$2,663,400.
Honorable Bankruptcy Judge Joseph G. Rosania Jr. handles the case.
The Debtor is represented by Payton L. Buhler, Esq., at Bell,
Gould, Linder & Scott, P.C.
TEXAS LEADERSHIP: S&P Raises 2021A Revenue Bonds Rating to 'BB+'
----------------------------------------------------------------
S&P Global Ratings raised its long-term rating to 'BB+' from 'BB'
on Texas Leadership Charter Academy's series 2021A education
revenue bonds, 2013Q tax-exempt direct pay qualified school
construction bonds, 2013A tax-exempt education revenue bonds, and
2013B taxable education revenue bonds.
The outlook is stable.
S&P said, "The rating action reflects our view of the school's
sizable and growing operating base supporting an improving
liquidity position, positive full-accrual operations, and
moderating debt position, which we expect will continue through the
outlook period.
"We analyzed environmental, social, and governance factors and
consider them neutral in our credit rating analysis. In our view,
Texas Leadership Charter Academy's board structure poses a
potential conflict of interest, constituting an elevated governance
structure risk. The superintendent serves on the six-member board
of directors, and this, in our view, could pose conflicts of
interest. Although leadership has a conflict-of-interest policy in
place, we believe the board structure is not a best practice and
presents a weakness in organizational structure that could result
in risks regarding board effectiveness and independence. We view
the school's environmental and social factors neutral in our
analysis.
"The stable outlook reflects our view that over the one-year
outlook period, the school will maintain its steady-to-growing
market position, positive operations, and debt levels. In addition,
we expect that liquidity will continue improving over the outlook
period.
"We could take a negative rating action if the school experienced
deficit operations that weakened lease-adjusted maximum annual debt
service coverage to levels we no longer considered commensurate
with the rating, if liquidity did not grow as expected, or if to
the school took on additional debt without commensurate growth in
financial resources. In addition, we could consider a negative
rating action in the unlikely event that the demand profile
weakened.
"Though we are unlikely to do so over the outlook period, we could
take a positive action over the longer term should the school
demonstrate a sustained trend of improvement in its financial
profile, including building liquidity and maintenance of
lease-adjusted maximum annual debt service coverage consistent with
those of higher-rated peers, while maintaining its demand
profile."
TLH-26 GILES: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------
Debtor: TLH-26 Giles, LLC
1301 W Royal Palm Rd
Boca Raton, FL 33486
Business Description: TLH-26 Giles, LLC classified its business as
single-asset real estate debtor, as defined
in 11 U.S.C. Section 101(51B).
Chapter 11 Petition Date: September 23, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-21130
Judge: Hon. Mindy A Mora
Debtor's Counsel: Bradley S. Shraiberg, Esq.
SHRAIBERG PAGE PA
2385 NW Executive Center Dr
Suite 300
Boca Raton, FL 33431
Tel: 561-443-0800
Email: bss@slp.law
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Brian Tuttle as manager.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/NUQZHTY/TLH-26_Giles_LLC__flsbke-25-21130__0001.0.pdf?mcid=tGE4TAMA
TMK HAWK: BlackRock Debt Marks $1.9MM Loan at 60% Off
-----------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $1,918,000 loan
extended to TMK Hawk Parent Corp to market at $1,150,948 or 60% of
the outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a 2024 Term Loan B to TMK Hawk
Parent Corp. The loan accrues interest at a rate of 9.58% (1-mo.
CME Term SOFR at 1.00% Floor + 2.00%, 3.25% PIK) per annum. The
loan matures on June 30, 2029.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
TMK Hawk Parent Corp. is the holding company of TriMark USA, LLC, a
foodservice equipment and supplies distributor.
TOGETHER GOOD: Gets Interim OK to Use Cash Collateral
-----------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Texas
entered a second interim order granting the Debtor limited
authority to use cash collateral.
The court's order authorized the Debtor's interim use of cash
collateral through October 15 to pay operating expenses set forth
in its budget.
The Debtor's weekly disbursements must not exceed 10% of the total
monthly budget and no single line item must exceed 20% of the
monthly budgeted amount, according to the interim order.
The Debtor's authority to use cash collateral will terminate on
October 15; 10 days after the appointment of a Chapter 11 or 7
trustee in its bankruptcy case; or upon occurrence of an event of
default that is not cured, whichever comes first.
Creditors Astra Holdings, LP and Vintree Realty, LLC claim
ownership of certain receivables worth at least $700,000, asserting
the assignment of those receivables was not a loan transaction but
a true sale.
To resolve objections to its request for interim relief, the Debtor
agreed to segregate and not use the proceeds of the receivables
without the creditors' consent.
As adequate protection, any creditor asserting a lien on the cash
collateral will be granted a replacement lien on property acquired
by the Debtor after its Chapter 11 filing that is similar to its
pre-bankruptcy collateral. The replacement lien will have the same
validity, priority and extent as the creditor's pre-bankruptcy
lien.
A final hearing on the motion is scheduled for October 14.
Objections are due by October 7.
About Together Good Deeds IV LLC
Together Good Deeds IV LLC, based in Texas, provides professional
architectural, engineering, and related consulting services under
NAICS code 5413.
Together Good Deeds IV sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Case No. 25-33215) on August 22,
2025. In its petition, the Debtor reported estimated assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million.
Honorable Bankruptcy Judge Scott W. Everett handles the case.
The Debtor is represented by Vickie L. Driver, Esq., at Driver
Stephenson, PLLC.
TPI COMPOSITES: Seeks to Sell Assets at Auction
-----------------------------------------------
TPI Composites, Inc. and certain of its subsidiaries, seek approval
from the U.S. Bankruptcy Court for the Southern District of Texas,
Houston Division, to sell Assets at auction, free and clear of
liens, claims, interests, and encumbrances.
The Debtors have been engaged in negotiations with their primary
customers, GE Vernova, Inc. and Vestas Wind System A/S, regarding,
among other things, the go-forward terms of their respective supply
agreements with the Company.
While the Debtors are still in active negotiations with GEV and
Vestas, the parties have not reached a commercial agreement on
renewed supply agreements. At the same time, the Debtors continue
to experience cash constraints and, given the capital-intensive
nature of the Debtors' business, those constraints impose a limited
amount of time within which to implement any restructuring. Given
the Debtors' current liquidity and their need to progress these
cases regardless of whether they are ultimately able to reach deals
with their customers, the Debtors have considered available
alternatives to maximize the value of the Debtors' estates. One
such alternative is the marketing and sale of the Debtors' assets,
in whole or in part, including equity interests of non-Debtor
foreign subsidiaries owned by the Debtors.
Although the Debtors plan to continue discussions with GEV and
Vestas, as well as with their secured lenders and other creditors
regarding a potential plan of reorganization, the Debtors must now
simultaneously pursue a sale to ensure they can maintain
flexibility with respect to the path forward for these cases and
the Debtors' estates.
The Debtors seek approval of a fair and reasonable marketing and
sale process to solicit bids for the Assets in one or more sale
transactions. The Bid Procedures were designed with the objective
of generating the greatest level of interest in, and highest or
otherwise best value for, the Assets while affording the Debtors
maximum flexibility to execute one or more Sale Transactions as
quickly and efficiently as possible.
The Debtors will solicit bids by 5:00 p.m. (Central Time) on
October 22, 2025.
To be deemed a "Qualified Bid," a bid must be received from a
Qualified Bidder no later than the Bid Deadline and must:
-- include sufficient evidence of such Qualified Bidder's ability
to consummate the applicable proposed Sale Transaction and payment
of the purchase price at the date such Sale Transaction is
scheduled to close.
-- is accompanied by a cash deposit by wire transfer to an escrow
agent selected by the Debtors in an amount equal to the greater of
(x) 10% of the cash purchase price of the bid and (y) $1,000,000
that will constitute liquidated damages to the Debtors if such
Qualified Bidder defaults with respect to its offer, which deposit
must be delivered to the Deposit Agent on or before the Bid
Deadline
-- Any bid that is not deemed a Qualified Bid will not be
considered by the Debtors; provided, however, that, if the Debtors
receive a bid prior to the Bid Deadline that does not satisfy the
requirements of a Qualified Bid, the Debtors may, after
consultation with the Consultation Parties, provide such Potential
Bidder the opportunity to remedy deficiencies in such bid prior to
the Auction.
-- In the event there is an Auction, the Debtors, the Consultation
Parties, the Auction Participants, the respective professionals of
each of the foregoing parties, and the U.S. Trustee may participate
and be heard at the Auction, but only the Auction Participants will
be entitled to make subsequent Qualified Bids. Subsequent bidding
will be in increments to be announced at the Auction on October 27,
2025 at 9:00 a.m. (Central Time).
As soon as practicable after the Auction and in no event later than
October 29, 2025, the Debtors will file with the Court and serve on
the Sale Notice Parties.
In connection with a Sale Transaction, the Debtors may seek to
assume and assign one or more 365 Contracts designated by a
Successful Bidder (or its designated assignee(s)). The Assumption
and Assignment Procedures are designed to, among other things,
govern the Debtor's provision of Adequate Assurance Information and
provide notice of Cure Amounts to the relevant Counterparties.
The Debtors submit that the Bid Procedures are fair and appropriate
under the circumstances, consistent with procedures routinely
approved by courts and in the best interest of the Debtors'
estates.
About TPI Composites, Inc.
TPI Composites -- https://tpicomposites.com/ -- is a leading
wind-blade manufacturer and the only independent wind blade
manufacturer with a global footprint.
TPI Composites Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-34655) on August 11,
2025. The company listed $500 million to $1 billion in estimated
assets, along with $1 billion to $10 billion in estimated
liabilities.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Gabriel Adam Morgan, Esq. at Weil,
Gotshal & Manges LLP.
Oaktree Capital Management L.P., as DIP agent, is represented by
William A. (Trey) Wood III, Esq. at Bracewell, LLP.
TPI COMPOSITES: Shifts to Sell Assets as Cash Dwindles
------------------------------------------------------
James Nani of Bloomberg Law reports that wind turbine manufacturer
TPI Composites Inc. is seeking to sell its assets in bankruptcy, a
pivot from its original strategy to restructure its balance sheet
and exit as a viable business.
While TPI will continue to try to renegotiate supply agreements
with primary customers GE Vernova Inc. and Vestas Wind System AS, a
sale process has become necessary to deal with a cash crunch, the
company said in an emergency motion Wednesday in the US Bankruptcy
Court for the Southern District of Texas, the report states.
About TPI Composites, Inc.
TPI Composites -- https://tpicomposites.com/ -- is a leading
wind-blade manufacturer and the only independent wind blade
manufacturer with a global footprint.
TPI Composites Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-34655) on August 11,
2025. The company listed $500 million to $1 billion in estimated
assets, along with $1 billion to $10 billion in estimated
liabilities.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Gabriel Adam Morgan, Esq. at Weil,
Gotshal & Manges LLP.
Oaktree Capital Management L.P., as DIP agent, is represented by
William A. (Trey) Wood III, Esq. at Bracewell, LLP.
TRI-BOROUGH HOME: No Patient Complaints, 1st PCO Report Says
------------------------------------------------------------
Joseph Tomaino, the duly appointed patient care ombudsman, filed
with the U.S. Bankruptcy Court for the Eastern District of New York
his first report regarding the quality of patient care provided by
Tri-Borough Home Care Ltd. The report covers the period from May 19
to September 15.
On June 25, the PCO conducted an on-site visit at the Debtor's
primary place of business in Brooklyn, N.Y. At that time, the PCO
interviewed the operator, Kenrich Cort, and the director of
professional services, Dr. Joyce Wills. Additionally, he
interviewed Amanda Barker, the payroll manager.
The PCO cited that the director of professional services reported
that she is able to staff all cases with appropriate home health
aides and supervising nurses. She reported no difficulty in
providing them with necessary supplies. The payroll manager
reported that the company is able to meet its payroll.
The PCO observed that the level of activity remained stable at 79
patients and there were no reports of any payroll, staffing or
supply difficulties.
On September 19, the PCO became aware of a concern by the U.S.
Trustee that proof of insurance has not been provided. A call was
placed to Mr. Curt who reported that he has insurance and that he
will contact his counsel to provide the appropriate documentation
to the U.S. Trustee.
The PCO noted that he received no complaints from staff or patients
of the agency during the period since appointment.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=5UJ6NP from PacerMonitor.com.
The ombudsman may be reached at:
Joseph J. Tomaino
Grassi Healthcare Advisors, LLC
750 Third Avenue
New York, NY 10017
Phone: 212-223-5020
Email: jtomaino@grassihealthcareadvisors.com
About Tri-Borough Home Care Ltd.
Tri-Borough Home Care Ltd. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41887) on April
17, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities up to
$50,000.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
The Debtor is represented by Julio E. Portilla, Esq. at Law Office
Julio E. Portilla, P.C.
Joseph J. Tomaino is the patient care ombudsman appointed in the
Debtor's case.
US MAGNESIUM: Hires Gellert Seitz Busenkell & Brown as Counsel
--------------------------------------------------------------
US Magnesium LLC seeks approval from the U.S. Bankruptcy Court for
the District of Delaware to employ Gellert Seitz Busenkell & Brown,
LLC as counsel.
The firm's services include:
(a) provide the Debtor with advice and prepare all necessary
documents regarding debt restructuring, bankruptcy and asset
dispositions;
(b) take all necessary actions to protect and preserve the
Debtor's estate during the pendency of this Chapter 11 case;
(c) prepare on behalf of the Debtor all necessary legal papers
in connection with the administration of this Chapter 11 case;
(d) counsel the Debtor with regard to its rights and
obligations;
(e) appear in court and protect the interests of the Debtor
before the court; and
(f) perform all other legal services for the Debtor which may
be necessary and proper in this proceeding.
The firm will be paid at these hourly rates:
Michael Busenkell, Attorney $500
Associates/Of Counsel $325 - $425
Paraprofessionals $150 - $225
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $146,413 from the Debtor.
Mr. Busenkell disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Michael Busenkell, Esq.
Gellert Seitz Busenkell & Brown, LLC
1201 North Orange Street, Suite 300
Wilmington, Delaware 19801
Telephone: (302) 425-5800
Facsimile: (302) 425-5814
Email: mbusenkell@gsbblaw.com
About US Magnesium LLC
US Magnesium LLC is a magnesium producer based in Salt Lake City,
Utah.
US Magnesium LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11696) on September 10,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
Judge Brendan Linehan Shannon oversees the case.
The Debtor tapped Michael Busenkell, Esq., at Gellert Seitz
Busenkell & Brown, LLC as counsel; Carl Marks Advisory Group LLC as
restructuring advisor; and SSG Advisors, LLC as investment banker.
Stretto, Inc. is the Debtor's claims and noticing agent.
US MAGNESIUM: Seeks to Hire SSG Advisors as Investment Banker
-------------------------------------------------------------
US Magnesium LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Delaware to employ SSG
Advisors, LLC as investment banker.
The firm will provide these services:
(a) advise the Debtor on, and assist it in the preparation of,
an information memorandum describing it and its management and
financial status for use in discussions with prospective purchasers
and assist in the due diligence process for a potential sale;
(b) assist the Debtor in developing a list of suitable
potential buyers who will be contacted on a discreet and
confidential basis after its approval;
(c) coordinate the execution of confidentiality agreements for
potential buyers wishing to review the information memorandum;
(d) assist the Debtor in coordinating management calls and
(where appropriate) site visits for interested buyers and work with
the management team to develop appropriate presentations for such
calls and visits;
(e) solicit competitive offers from potential buyers;
(f) advise and assist the Debtor in structuring the sale,
negotiating the sale agreements with potential buyers and
evaluating the proposals from potential buyers.
The firm will be paid at these fees:
(a) initial fee - $50,000;
(b) monthly fee - $50,000;
(c) transaction fee:
(i) In the event that a stalking horse purchaser is
identified by the Debtor and its stakeholders prior to SSG's
engagement herein, or in the event of a credit bid by the secured
creditors, or any of them, without a qualified overbid, then SSG's
Transaction Fee shall be $450,000 and, in that event, SSG's fees
shall be capped at $600,000, inclusive of the Initial Fee, Monthly
Fees and Transaction Fee.
(ii) In the event that a qualified overbid is received
topping the stalking horse bid and/or credit bid, then SSG's
Transaction Fee shall be the greater of (i) $750,000 or (ii) two
(2) percent of Total Consideration (as such term is hereafter
defined).
(iii) In the event of a Restructuring with existing
stakeholders, SSG's Transaction Fee shall be $450,000 and, in that
event, SSG's fees shall be capped at $600,000, inclusive of the
Initial Fee, Monthly Fees and Transaction Fee.
Teresa Kohl, a managing director at SSG Advisors, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Teresa C. Kohl
SSG Advisors, LLC
300 Barr Harbor Drive, Suite 420
West Conshohocken, PA
Telephone: (610) 940-9521
Email: tkohl@ssgca.com
About US Magnesium LLC
US Magnesium LLC is a magnesium producer based in Salt Lake City,
Utah.
US Magnesium LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11696) on September 10,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
Judge Brendan Linehan Shannon oversees the case.
The Debtor tapped Michael Busenkell, Esq., at Gellert Seitz
Busenkell & Brown, LLC as counsel; Carl Marks Advisory Group LLC as
restructuring advisor; and SSG Advisors, LLC as investment banker.
Stretto, Inc. is the Debtor's claims and noticing agent.
US MAGNESIUM: Taps Carl Marks Advisory as Restructuring Advisor
---------------------------------------------------------------
US Magnesium LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Carl Marks
Advisory Group LLC as restructuring advisor.
The firm will provide Ron Mayo as chief restructuring officer (CRO)
and certain additional personnel to the Debtor.
The CRO and additional personnel will render these services:
(a) work with the Debtor's management team to assist in the
development of its Debtor-in-Possession (DIP) budget, gain DIP
funding approval, review/analyze its weekly performance,
establish/maintain a variance reporting process, and ensure
compliance as required by the DIP financing agreement throughout
the bankruptcy proceeding, while maintaining communications with,
and support from, its DIP lender(s);
(b) manage and coordinate the Debtor's compliance with
milestones as may be set forth in its DIP credit agreement, or
other orders approved by the Bankruptcy Court;
(c) assist the Debtor and its counsel (and investment banker
as appropriate) with bankruptcy pre-filing preparation;
(d) assist the Debtor and its counsel with overseeing
administration of its bankruptcy estate;
(e) assist the claims/noticing agent with required tasks;
(f) assist the Debtor and its counsel with developing both the
Liquidating Plan and its related Disclosure Statement;
(g) if a creditor's committee is appointed, assist in
responding to reasonable requests from the committee and its
professionals; and
(h) if requested, following closing of a sale, assist with
Chapter 11 liquidation of the bankruptcy estate;
(i) assist management in support of the Debtor's Investment
Banker's efforts to produce sale solicitation materials;
(j) assist the Debtor and counsel if requested in negotiating
appropriate bid and sale procedures, and assist in preparation and
prosecution of the bid and sale procedures motion;
(k) assist and support the Debtor's efforts in the
coordination of the IB led sales effort;
(l) in coordination with the Debtor's counsel, investment
banker, and Board support:
(i) analyze the relative merits of competing transaction
proposals for the Debtor's evaluation;
(ii) any auction required by any entered Bid Procedures
Order.
(m) assist with any other tasks related to this Engagement as
are directed by the Debtor and reasonably acceptable to the firm.
The firm's professionals will be paid at these hourly rates:
Partners $1,025
Managing Directors $825
Financial Support Staff $550 - $675
In addition, the firm will seek reimbursement for expenses
incurred.
The firm will receive a retainer of $200,000 from the Debtor.
Mr. Mayo disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Ron Mayo
Carl Marks Advisory Group LLC
900 3rd Ave., 33rd Floor
New York, NY 10022
Telephone: (212) 909-8400
About US Magnesium LLC
US Magnesium LLC is a magnesium producer based in Salt Lake City,
Utah.
US Magnesium LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11696) on September 10,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
Judge Brendan Linehan Shannon oversees the case.
The Debtor tapped Michael Busenkell, Esq., at Gellert Seitz
Busenkell & Brown, LLC as counsel; Carl Marks Advisory Group LLC as
restructuring advisor; and SSG Advisors, LLC as investment banker.
Stretto, Inc. is the Debtor's claims and noticing agent.
US MAGNESIUM: U.S. Trustee Appoints Creditors' Committee
--------------------------------------------------------
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Chapter 11 case of US
Magnesium, LLC.
The committee members are:
1. Kaiser Aluminum Corporation
Attn: John Donnan
1550 West McEwen Drive, Suite 500
Franklin, TN 37067
Phone: 629-252-7044
Email: jdonnan@kaiseraluminum.com
2. Ameri-Source Specialty Products, Inc.
Attn: Joshua Sawicki
2901 Industrial Blvd.
Bethel Park, PA 15102
Phone: 412-831-9400
Email: jsawicki@ameri-source.com
3. Trinity Industries Leasing Company
Attn: Joel Bailey
14221 North Dallas Parkway, Suite 1100
Dallas, TX 75254
Phone: 214-589-6530
Email: Joel.Bailey@trin.net
4. Sisecam Chemicals Resources LLC
Attn: David H. Black
400 Perimeter Center Ter NEW, Ste 350
Atlanta, GA 30346
Phone: 770-375-2353
Email: dblack@sisecam.com
5. Odin Environmental Solutions LLC
Attn: Mary Coombe
2901 Douglas Blvd, Ste 300
Roseville, CA 95661
Phone: 916-251-5500
Email: mcoombe@odienv.com
6. Linde Inc.
Attn: Jeffrey Weiss
10 Riverview Dr
Danbury, CT 06810
Phone: 203-417 4968
Email: Jeffrey.weiss@linde.com
7. Univar Solutions
Attn: Sean Hutcheson
6000 Parkwoodk Place
Dubin, OH 43016
Phone: 614-613-1369
Email: sean.hutcheson@univarsolutions.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About US Magnesium LLC
US Magnesium LLC is a Salt Lake City, Utah-based magnesium
producer.
US Magnesium sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-11696) on September 10, 2025. In
its petition, the Debtor reported between $100 million and $500
million in assets and liabilities.
The Debtor tapped Michael Busenkell, Esq., at Gellert Seitz
Busenkell & Brown, LLC as legal counsel, SSG Advisors, LLC as
investment banker, Stretto, Inc. as claims agent, and Carl Marks,
LLC as financial advisor. Ron Mayo of Carl Marks serves as chief
restructuring officer.
UTICA TOWNSHIP: Seeks to Tap Main Street Auto Sales as Auctioneer
-----------------------------------------------------------------
Utica Township Volunteer Fire Fighters Association and Utica
Township Fire Department, Inc. seek approval from the U.S.
Bankruptcy Court for the Southern District of Indiana to employ
Main Street Auto Sales, Inc. as auctioneer.
The Debtors need an auctioneer to provide market and price analysis
of its vehicles, transport the vehicles to Manheim Indy Auto
Auction for sale, and close the transactions.
The auctioneer will receive the following fees:
(a) transportation cost not to exceed $200 per vehicle;
(b) $35 per vehicle for a vehicle condition report;
(c) $100 per vehicle sale fee, paid only if the vehicle sells;
and
(d) 5 percent of the sale amount per vehicle sold.
Tiffany Bishop, a representative at Main Street, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Tiffany Bishop
Main Street Auto Sales, Inc.
2144 N. US Highway 31
Austin, IN 47102
Telephone: (812) 794-3533
About About Utica Township Volunteer
Fire Fighters Association
Utica Township Volunteer Fire Fighters Association is a nonprofit
organization based in Clarksville, Indiana, providing volunteer
fire protection and emergency services for Utica Township and
surrounding areas.
Utica Township Volunteer Fire Fighters Association and Utica
Township Fire Department, Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Ind. Lead Case No. 25-90840)
on July 22, 2025. The case is jointly administered in Case No.
25-90840. In its petition, Utica Township Volunteer Fire Fighters
Association disclosed total assets of $3,023,08 and total
liabilities of $1,076,837.
Honorable Bankruptcy Judge Andrea K. McCord handles the cases.
The Debtors tapped William P. Harbison, Esq., at Seiller Waterman
LLC as bankruptcy counsel and The Law Office of Heather
Archibald-Peters, PC as nonbankruptcy counsel.
V & M DINER: Unsecureds Will Get 20% of Claims over 5 Years
-----------------------------------------------------------
V & M Diner Corp. d/b/a Island Lake Diner filed with the U.S.
Bankruptcy Court for the Eastern District of New York a Disclosure
Statement describing Plan of Reorganization dated September 16,
2025.
The Debtor operates a diner located at 625 Portion Road,
Ronkonkoma, NY 11779 that operates under the name "Island Lake
Diner" and has 39 employees. The restaurant serves a diverse menu
with dine-in, outside dining, and delivery services.
The insider of the Debtor is Constantinos P. Glykos who is the
President and the 100% owner. Mr. Glykos works full time at the
Debtor's restaurant. Mr. Glykos is the manager of the restaurant
and supervises everything that happens at the restaurant.
The bankruptcy filing was necessitated primarily by taxes owed to
New York State and the Internal Revenue Service. The Debtor fell
behind with tax payments during the COVID-19 pandemic and through
this Plan will be paying tax creditors in full over 5 years.
The plan will be funded by a $50,000 new value contribution to be
made by Constantinos P. Glykos. After payment of administrative
claims; secured and priority claims will be paid in full over a
period of 5 years plus statutory interest. Unsecured creditors will
receive a distribution of 20%.
Class 2 consists of all general unsecured claims. The filed general
unsecured claims aggregate $154,709.27. These claims will be paid a
20% distribution over a period of 5 years from the effective date.
This Class is impaired.
Class 3 consists of Equity interest holders of the Debtor. The
Debtor's equity is owned 100% by Constantinos P. Glykos who will
retain his equity interests in exchange for a new value
contribution in the total amount of $50,000.00. The new value
contribution will be funded prior to the hearing on confirmation of
the Plan. Under the absolute priority rule, equity interests cannot
retain their interests unless all senior classes are either paid in
full or vote to accept the plan. The "new value" doctrine is a
common law exception to the absolute priority rule.
The basic concept behind "new value" is that equity holders may
retain their interest in a debtor when they provide contribution,
often in the form of capital, to the reorganization. The Debtor
believes that the contribution to the reorganization of capital in
the amount of $50,000 satisfies the new value exception to the
absolute priority rule. Under the Plan, equity interest holders
will retain their interests.
Payments and distributions under the Plan will be funded by a
$50,000.00 contribution by the Debtor's principal Constantinos P.
Glykos as well as operations of the Debtor over a period of 5
years. By signing this Disclosure Statement, the Debtor's principal
represents that he has the funds required and available to fund the
plan contribution.
Payments and distributions under the Plan will be funded by
available cash and future revenue and operations of the Debtor. The
Debtor (the "Disbursing Agent") shall be the disbursing agent under
the Plan.
A full-text copy of the Disclosure Statement dated September 16,
2025 is available at https://urlcurt.com/u?l=pz2K2m from
PacerMonitor.com at no charge.
About V & M Diner Corp.
V & M Diner Corp. operates a diner located at 625 Portion Road,
Ronkonkoma, NY 11779.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41040) on Feb. 28,
2025. Judge Jil Mazer-Marino presides over the case.
Counsel to the Debtor:
Lawrence F. Morrison, Esq.
Brian J. Hufnagel, Esq.
MORRISON TENENBAUM PLLC
87 Walker Street, Floor 2
New York, New York 10013
Telephone: (212) 620-0938
Facsimile: (646) 390-5095
VALVES AND CONTROLS: Committee Taps Brown Rudnick as Co-Counsel
---------------------------------------------------------------
The Official Committee of Unsecured Creditors of Valves and
Controls US, Inc. seeks approval from the U.S. Bankruptcy Court for
the District of Delaware to hire Brown Rudnick LLP to serve as
co-counsel in its Chapter 11 case.
Brown Rudnick will provide these services:
(a) assisting, advising, and representing the Committee in its
meetings, consultations and negotiations with the Debtor and other
parties in interest regarding the administration of this Case;
(b) assisting, advising, and representing the Committee in
understanding its powers and its duties under the Bankruptcy Code
and the Bankruptcy Rules and in performing other services as are in
the interests of those represented by the Committee;
(c) assisting with the Committee's review of the Debtor' Schedules
of Assets and Liabilities, Statement of Financial Affairs and other
financial reports prepared by or on behalf of the Debtor;
(d) assisting the Committee's investigation of the acts, conduct,
assets, liabilities, and financial condition of the Debtor and its
affiliates, including certain transactions preceding the bankruptcy
filing;
(e) assisting and advising the Committee regarding the
identification and prosecution of estate claims and causes of
action;
(f) assisting and advising the Committee in its review and
analysis of, and negotiations with the Debtor and any
counterparties related to any potential restructuring
transactions;
(g) reviewing and analyzing all applications, motions, complaints,
orders, and other pleadings filed with the Court by the Debtor or
third parties, advising the Committee as to their propriety and,
after consultation with the Committee, taking any appropriate
action;
(h) preparing necessary applications, motions, answers, orders,
reports, and other legal papers on behalf of the Committee, and
pursuing or participating in contested matters and adversary
proceedings as may be necessary or appropriate in furtherance of
the Committee's duties, interest, and objectives;
(i) representing the Committee at hearings held before the Court
and communicating with the Committee regarding the issues raised,
and the decisions of the Court;
(j) assisting, advising, and representing the Committee in
connection with the review of filed proofs of claim and
reconciliation of or objections to such proofs of claim and any
claims estimation proceedings;
(k) assisting, advising, and representing the Committee in their
participation in the negotiation, formulation, and drafting of a
plan of reorganization/liquidation for the Debtor;
(l) assisting, advising, and representing the Committee with
respect to its communications with the general creditor body
regarding significant matters in this Case;
(m) responding to inquiries from individual creditors as to the
status of, and developments in, this Case; and
(n) providing such other services to the Committee as may be
necessary in this Case or any related proceedings.
Brown Rudnick will be compensated at hourly rates of $950 to $2,450
for partners, $310 to $2,335 for counsel, $685 to $1,015 for
associates, and $400 to $550 for paralegals.
The Committee has negotiated a $475 reduction for the highest
hourly partner rates, which otherwise would apply to time billed by
David J. Molton and Jeffrey L. Jonas. Mr. Molton and Mr. Jonas will
bill their time at a rate of $1,975 per hour.
Brown Rudnick LLP is a disinterested person within the meaning of
Section 101(14) of the Bankruptcy Code, according to court
filings.
Pursuant to paragraph D, section 1 of the Revised U.S. Trustee
Guidelines, Brown Rudnick responds to the questions set forth
therein as follows:
Question: Did you agree to any variations from, or alternatives to,
your standard or customary billing arrangements for this
engagement?
Answer: The Committee has negotiated a $475 reduction for the
highest hourly partner rates, which otherwise would apply to time
billed by David J. Molton and Jeffrey L. Jonas.
Mr. Molton and Mr. Jonas will bill their time at an hourly rate of
$1,975 per hour, subject to regular annual rate revision.
Question: Do any of the professionals included in this engagement
vary their rate based on the geographic location of the bankruptcy
case?
Answer: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post-petition, explain the
difference and the reasons for the difference.
Answer: No.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: The Committee will approve a budget and general staffing
plan in connection with Brown Rudnick's representation of the
Committee.
The firm can be reached at:
David J. Molton, Esq.
Jeffrey L. Jonas, Esq.
Eric R. Goodman, Esq.
D. Cameron Moxley, Esq.
BROWN RUDNICK LLP
7 Times Square
New York, NY 10036
Telephone: (212) 209-4800
Facsimile: (212) 209-4801
E-mail: dmolton@brownrudnick.com
jjonas@brownrudnick.com
egoodman@brownrudnick.com
dmoxley@brownrudnick.com
About Valves and Controls US, Inc.
Valves and Controls US Inc., previously known as Weir Valves &
Controls USA Inc., is a manufacturer of industrial valves and
control systems operating within the fabricated metal product
manufacturing industry.
Valves and Controls US Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11403) on July 1,
2025. In its petition, the Debtor reports estimated assets between
$50 million and $100 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Thomas M. Horan handles the case.
The Debtor is represented by Patrick J. Reilley, Esq. at Cole
Schotz P.C.
VALVES AND CONTROLS: Committee Taps Caplin & Drysdale as Co-Counsel
-------------------------------------------------------------------
The Official Committee of Unsecured Creditors of Valves and
Controls US, Inc. seeks approval from the U.S. Bankruptcy Court to
retain Caplin & Drysdale, Chartered as co-counsel in the company's
Chapter 11 case.
Caplin & Drysdale will provide these services:
(a) prepare motions, applications, pleadings, memoranda, proposed
orders, reports, and other legal documents;
(b) assist and advise the Committee with respect to its powers and
duties under the Bankruptcy Code;
(c) attend meetings and negotiate with the Debtor, insurers, and
other parties in interest;
(d) represent the Committee before the Court and appellate
courts;
(e) protect, preserve, and maximize the value of the Debtor's
estate, including litigation and negotiations;
(f) examine and analyze the Debtor's conduct and financial
affairs;
(g) represent the Committee in negotiation and preparation of a
Chapter 11 plan and related documents;
(h) assist in filing and soliciting acceptances or rejections of
any Chapter 11 plan;
(i) review and analyze applications, motions, orders, operating
reports, and schedules filed with the Court;
(j) coordinate receipt and dissemination of information from the
Debtor's accountants and other professionals;
(k) assist the Committee with communications to creditors; and
(l) perform all other necessary legal services in connection with
this case.
As of January 1, 2025, Caplin & Drysdale's hourly billing rates
range from $435 to $1,970 for attorneys and $400 to $595 for
paralegals.
Member Kevin C. Maclay bills at $1,970 per hour, while Member Todd
E. Phillips bills at $1,455 per hour.
Caplin & Drysdale has no connections with the Debtor, its
creditors, or other parties in interest, and is considered a
"disinterested person" within the meaning of Section 101(14) and
328(c) of the Bankruptcy Code. The firm is developing a prospective
budget and staffing plan for the Committee.
Pursuant to paragraph D, section 1 of the Revised U.S. Trustee
Guidelines, Caplin & Drysdale responds to the questions set forth
therein as follows:
Question: Did you agree to any variations from, or alternatives to,
your standard or customary billing arrangements for this
engagement?
Answer: No. Caplin & Drysdale did not agree to any variations from,
or alternatives to, its standard or customary billing arrangements
for this engagement.
Question: Do any of the professionals included in this engagement
vary their rate based on the geographic location of the bankruptcy
case?
Answer: No. Caplin & Drysdale professionals will not vary their
rates in this case based on the geographic location.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post-petition, explain the
difference and the reasons for the difference.
Answer: Caplin & Drysdale has not represented the Committee in the
12 months preceding the Petition Date.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: Caplin & Drysdale is developing a prospective budget and
staffing plan, which it will share with the Committee.
The firm can be reached at:
Kevin C. Maclay, Esq.
Caplin & Drysdale, Chartered
1200 New Hampshire Avenue NW, 8th Floor
Washington, DC 20036
Telephone: (202) 862-5000
Facsimile: (202) 429-3301
E-mails: kmaclay@capdale.com
tphillips@capdale.com
About Valves and Controls US, Inc.
Valves and Controls US Inc., previously known as Weir Valves &
Controls USA Inc., is a manufacturer of industrial valves and
control systems operating within the fabricated metal product
manufacturing industry.
Valves and Controls US Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11403) on July 1,
2025. In its petition, the Debtor reports estimated assets between
$50 million and $100 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Thomas M. Horan handles the case.
The Debtor is represented by Patrick J. Reilley, Esq. at Cole
Schotz P.C.
VALVES AND CONTROLS: Committee Taps FTI as Financial Advisor
------------------------------------------------------------
The Official Committee of Unsecured Creditors of Valves and
Controls US, Inc. seeks approval from the U.S. Bankruptcy Court for
the District of Delaware to hire FTI Consulting, Inc. as its
financial advisor.
FTI will provide these services:
(a) assist in the review of financial related disclosures required
by the Court, including the Schedules of Assets and Liabilities,
the Statement of Financial Affairs, and Monthly Operating Reports;
(b) prepare analyses required to assess the Debtor's intercompany
transfers and related agreements;
(c) assist with the assessment and monitoring of the Debtor's cash
position, short term cash flow, liquidity, and movement of funds;
(d) review the Debtor's insurance coverage for asbestos
liabilities and analyze applicable policies;
(e) review tax issues associated with claims trading, preservation
of net operating losses, refunds, plans of reorganization, and
asset sales;
(f) assist in the review of the claims reconciliation and
estimation process;
(g) review other financial information prepared by the Debtor,
including cash flow projections, budgets, business plans, and
economic analysis of proposed transactions;
(h) attend and assist in due diligence sessions, discovery,
depositions, negotiations, mediations, and other meetings, and
assist in discussions with the Debtor, the Committee, the U.S.
Trustee, and other parties in interest;
(i) assist in the preparation of information and analysis
necessary for the confirmation of a plan and related disclosure
statement;
(j) evaluate and analyze avoidance actions, including fraudulent
conveyances and preferential transfers;
(k) assist in developing estimates of present and future personal
injury claims and demands, including testimony if necessary, and
develop claims resolution trust procedures;
(l) assist in the prosecution of Committee responses and
objections to the Debtor's motions, including depositions and
provision of expert reports/testimony; and
(m) render such other general business consulting or assistance as
the Committee or its counsel may deem necessary.
FTI will be compensated at these hourly rates:
Senior Managing Directors $1,185 to $1,525;
Directors/Senior Directors/Managing Directors $700 to
$1,155;
Consultants/Senior Consultants $485 to $820; and
Administrative/Paraprofessionals $190 to $385, plus
reimbursement of actual and necessary expenses.
FTI Consulting is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
FTI CONSULTING, INC.
555 12th St NW, Ste 700
Washington, DC 20004
Telephone: (202) 312-9100
About Valves and Controls US, Inc.
Valves and Controls US Inc., previously known as Weir Valves &
Controls USA Inc., is a manufacturer of industrial valves and
control systems operating within the fabricated metal product
manufacturing industry.
Valves and Controls US Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11403) on July 1,
2025. In its petition, the Debtor reports estimated assets between
$50 million and $100 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Thomas M. Horan handles the case.
The Debtor is represented by Patrick J. Reilley, Esq. at Cole
Schotz P.C.
VAUGHN COLLEGE: S&P Affirms 'B+' Bond Rating, Outlook Stable
------------------------------------------------------------
S&P Global Ratings affirmed its 'B+' rating on the Dormitory
Authority of the State of New York's series 2016A revenue bonds,
issued for Vaughn College of Aeronautics and Technology (VCAT), and
removed the rating from CreditWatch, where it was placed with
negative implications July 21, 2025.
The outlook is stable.
S&P said, "We removed the rating from CreditWatch with negative
implications as the college provided us with sufficient information
to conduct a full review.
"We analyzed the VCAT's environmental, social, and governance
credit factors pertaining to the college's market position,
management and governance, and financial performance. We view
VCAT's environmental risk as elevated because exposure to the
Atlantic coastline presents a chronic and physical climate risk
that could affect the college in the longer term. We view VCAT's
social and governance risk factors as a neutral factor in our
credit analysis.
"The stable outlook reflects improving enrollment, which should
help stabilize or improve operations, as well as the financial
resource ratios that although weak, remain sufficient for the
rating. We do not expect any covenant violations in fiscal 2025.
"We could consider a negative rating action within the one-year
outlook if VCAT's enrollment begins to decline leading to larger
operating deficits and greater endowment draws. We would also view
negatively any further weakening of financial resources or a
covenant violation.
"We could consider a positive rating action within the one-year
outlook if operating deficits improve, and financial resources
increase from current levels. A reduction in debt or debt service
from current levels with the sale of the Astoria property would be
viewed favorably."
VORTEX OPCO: BlackRock Debt Marks $572,000 Loan at 57% Off
----------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $572,000 loan
extended to Vortex Opco LLC to market at $248,116 or 43% of the
outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a Second out Term Loan to Vortex
Opco LLC. The loan accrues interest at a rate of 8.66% (3-mo. CME
Term SOFR at 0.50% Floor + 4.36%) per annum. The loan matures on
December 17, 2028.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Vortex Opco LLC, is a new subsidiary created by United Site
Services Inc. to issue new debt, which includes $431 million in
first-lien, first-out debt, $1.66 billion of first-lien, second-out
term loans, and $125 million of first-lien, third-out 8% senior
secured notes. USS provides portable sanitation and related site
services.
WAHL TO WAHL AUTO: Section 341(a) Meeting of Creditors on Oct. 20
-----------------------------------------------------------------
On September 22, 2025, Wahl to Wahl Auto LLC filed Chapter 11
protection in the Northern District of New York. According to
court filing, the Debtor reports $1,925,266 between in debt owed
to 50 and 99 creditors. The petition states funds will be available
to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on October
20, 2025 at 02:00 PM at First Meeting Utica.
About Wahl to Wahl Auto LLC
Wahl to Wahl Auto LLC, doing business as Wahl To Wahl Car Sales,
operates a 34-acre auto recycling facility and used car dealership
in Otsego County, New York. Founded in 1991 by Andrew Wahl and
currently led by Anthony Wahl, the Company offers vehicle sales,
on-site repairs, auto body services, and a wide range of used auto
parts, including online inventory access. The dealership provides
inspected vehicles with warranties, lifetime discounts on parts and
labor, and specializes in independent financing for customers with
poor or no credit.
Wahl to Wahl Auto LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D.N.Y. Case No. 25-60846) on September
22, 2025. In its petition, the Debtor reports estimated total
assets of $1,096,667 and total liabilities of $1,925,266.
The Debtor is represented by Peter A. Orville, Esq. of ORVILLE &
MCDONALD LAW, P.C.
WEATHERMASTER ROOFING: Taps Orville & McDonald as Legal Counsel
---------------------------------------------------------------
Weathermaster Roofing Co., Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of New York to hire
Peter A. Orville of Orville & McDonald Law, P.C. to serve as legal
counsel in its Chapter 11 case.
Mr. Orville will provide these services:
(a) give the Debtor and Debtor-in-Possession legal advice with
respect to their powers and duties in the continued operation of
its business and in the management of their property;
(b) take necessary action to avoid liens against Debtor's
property, remove restraints against Debtor's property and such
other actions to remove any encumbrances or liens which are
avoidable, which were placed against the property of the Debtor
prior to the filing of the Petition and at a time when the Debtor
was insolvent;
(c) take necessary action to enjoin and stay until final
decree herein any attempts by secured creditors to enforce liens
upon property of the Debtor's in which property Debtor has
substantial equity;
(d) represent the Debtor, as Debtor-in-Possession, in any
proceedings which may be instituted in this Court by creditors or
other parties during the course of this proceeding;
(e) prepare on behalf of the Debtor, as Debtor-in-Possession,
necessary petitions, answers, orders, reports and other legal
papers; and
(f) perform all other legal services for the Debtor as
Debtor-in-Possession or to employ attorneys for such services.
Mr. Orville shall receive an hourly rate of $350, an hourly rate of
$300 is for partner Zachary McDonald, and an hourly rate of $125 is
for non-lawyer staff. Orville & McDonald Law, P.C. is seeking a
retainer in the amount of $15,000.
According to court filings, the Debtor has incurred $11,117 in
prepetition legal fees, leaving $3,883 which will be applied to
post-petition work upon court approval.
Orville & McDonald Law, P.C. is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Peter A. Orville, Esq.
ORVILLE & McDONALD LAW, P.C.
30 Riverside Drive
Binghamton, NY 13905
Telephone: (607) 770-1007
About Weathermaster Roofing Co. Inc.
Weathermaster Roofing Co. Inc., established in 1984, provides
commercial and institutional roofing installation and architectural
sheet metal services, operating in the Southern Tier region of New
York. The Company specializes in single ply systems, modified
bitumen systems, and specialty roofing systems. It is licensed,
bonded, and carries full liability and workers' compensation
insurance.
Weathermaster Roofing Co. Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.N.Y. Case No.
25-60824) on September 12, 2025. In its petition, the Debtor
reports total assets of $1,704,705 and total liabilities of
$2,597,003.
Honorable Bankruptcy Judge Wendy A. Kinsella handles the case.
The Debtor is represented by Peter A. Orville, Esq. at ORVILLE &
MCDONALD LAW, P.C.
WELLNESS PET: BlackRock Debt Marks $128,000 Loan at 45% Off
-----------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $128,000 loan
extended to Wellness Pet, LLC to market at $70,318 or 55% of the
outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a 2025 Second out Exchange Term
Loan to Wellness Pet, LLC. The loan accrues interest at a rate of
8.08% (3-mo. CME Term SOFR at 0.75% Floor + 4.01%) per annum. The
loan matures on December 31, 2029.
BlackRock Debt under the Investment Company Act of 1940, as
amended, as closed-end management investment companies and are
referred to herein collectively as the Funds, or individually as a
Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Wellness Pet, LLC manufactures pet food. The Company offers natural
meals, treats, and dental chews that helps to maintain dental
health. Wellness Pet serves customers worldwide.
WELLNESS PET: BlackRock Debt Marks $229,000 Loan at 16% Off
-----------------------------------------------------------
BlackRock Debt Strategies Fund, Inc. has marked its $229,000 loan
extended to Wellness Pet, LLC to market at $191,967 or 84% of the
outstanding amount, according to a disclosure contained in
BlackRock Debt's Form N-CSR for the Fiscal year ended June 30,
2025, filed with the Securities and Exchange Commission.
BlackRock Debt is a participant in a 2025 First out Exchange Term
Loan to Wellness Pet, LLC. The loan accrues interest at a rate of
8.28% (3-mo. CME Term SOFR at 0.00% Floor + 3.95%) per annum. The
loan matures on December 31, 2029.
BlackRock Debt under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock Debt is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Debt Strategies Fund, Inc. (DSU)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Wellness Pet, LLC manufactures pet food. The Company offers natural
meals, treats, and dental chews that helps to maintain dental
health. Wellness Pet serves customers worldwide.
WINDSTREAM SERVICES: S&P Rates New $900MM Senior Secured Notes 'B'
------------------------------------------------------------------
S&P Global Ratings assigned its 'B' issue level rating and '2'
recovery rating to Windstream Services LLC's proposed $900 million
senior secured notes due 2033. Windstream Services LLC is a wholly
owned subsidiary of Little Rock, Ark.-based telecommunications
provider Uniti Group Inc. The '2' recovery rating indicates its
expectation for substantial (70%-90%; rounded estimate: 70%)
recovery in the event of a payment default.
S&P said, "We expect the company will use the proceeds from this
issuance to fully redeem its 10.5% senior secured notes due 2028
and utilize the remainder to pay fees and expenses.
"Our 'B-' issuer credit rating and stable outlook on parent Uniti
Group Inc. are unchanged because we expect its S&P Global
Ratings-adjusted gross leverage (which includes $575 million of
preferred equity that we treat as debt) will remain around 6.5x.
Still, we view the transaction favorably because it will extend the
company's debt maturities. This transaction follows the recent
$1,500 million senior secured term loan due 2032 to partially
paydown its 10.5% senior secured notes due 2028."
WORLDWIDE MACHINERY: U.S. Trustee Appoints Creditors' Committee
---------------------------------------------------------------
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Worldwide
Machinery Group, Inc. and its affiliates.
The committee members are:
1. Wagner Equipment
Attn: Brian Rindels
18000 E. Smith Road
Aurora, CO 80111
303-739-3041
Rindels_Brian@wagnerequipment.com
2. UNI International, America Corp
Attn: Joseph Schulte
100 Corey Avenue
St. Pete Beach, FL 33706
727-360-2844 ext. 202
joseph@uniinternational.com
3. Masaveu Poast Oak Houston, LLC
Attn: Juan Acero-Riesgo Merino
601 Brickell Key Dr., Suite 101
Miami, FL 33131
305-331-0546
jacerom@mreus.masaveu.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Worldwide Machinery Group Inc.
Worldwide Machinery Group Inc. is a construction equipment sales
and rental company in Houston, Texas.
Worldwide Machinery and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Texas Case No. 25-90379)
on September 11, 2025. In its petition, the Debtor reported between
$100 million and $500 million in assets and liabilities.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtors are represented by Fan B. He, Esq., Samuel P. Hershey,
Esq., Roberto J. Kampfner, Esq., David Michel Turetsky, Esq.,
Kristin Elyse Schultz, Esq., and Charles R. Koster, Esq. at White
Case LLP.
[^] BOOK REVIEW: The Heroic Enterprise
--------------------------------------
The Heroic Enterprise: Business and the Common Good
Author: John Hood
Publisher: Beard Books (reprint of book published by The Free
Press/Division of Simon and Schuster in 1996).
Paperback: 266 pages
List Price: $34.95
Order your copy at https://bit.ly/3awLUV3
Hood writes as a counterbalance to ideas that business should be
expected to contribute to the common good along the lines of
charities, say, or public health. He writes too against the highly
partisan, pernicious perspective that business activity is
antisocial and disruptive which at times gains some degree of
credibility.
Critiques of business have been around as long as commerce and
business have been around. These come usually from religious or
political zealots seeking dictatorial hold over all significant
kinds of human activity and enterprise. In this work, Hood aims to
counterbalance latter-day versions of such critiques arising in
American society. The counterculture, antiestablishment 1960s was
a time when such critiques were particularly strong. They have
moderated since, yet remain a persistent chorus which influences
politics and imagery and public affairs of business.
Hood does not aim to stifle or eliminate debate about the effects
of business on society or how business should engage in business.
What he aims for is dismissing once and for all myopic and almost
utopian conceptions about business and related erroneous purposes
and values of it. Such conceptions are worrisome to
businesspersons not because they believe they have any foundation,
but because they waste resources and energy in having to
continually correct them so business can function properly. And to
the extent such myopic conceptions are believed or entertained by
the public, they hamper the public and politicians in working out
policies by which the greatest benefits of business can be reaped
by society.
The author clarifies the place and role of business by contrasting
business with other parts of society. A standard, self-evident
tenet of sociologists going back to the time of Plato is that
society is made up of different parts fulfilling different roles
for the varied needs of society and so that a society will function
smoothly and survive. Business is distinguished from government
and philanthropy. "Businesses exist to make and sell things,
whereas by contrast "governments exist to take and protect things
[and] charities exist to give things away." The social
responsibility for each category of institution is inherent in its
purposes and activities. For example, businesses alone cannot
solve environmental problems. Whatever problems which can be
attached to business are related to government policies and
business's operations to satisfy consumer interests. Hence,
business alone cannot solve environmental problems, and should not
be expected to. Critics requiring that business solve
environmental problems without similarly requiring changes in
government policies and consumer interests are shortsightedly and
unreasonably tarnishing business while not making any relevant or
productive arguments for dealing with environmental problems.
In elucidating business's proper place in and contributions to
society, Hood is not unmindful that some businesses fail to fulfill
their role in good faith and beneficially. But instead of
criticizing business fundamentally, he proffers questions critics
can ask before targeting particular businesses. Two of these are
"Are corporations obtaining their profits through force or fraud?"
and "Are corporations putting investments at their disposal to the
most economically productive use?" Hood's perspective in support
of business against unfair and irrelevant criticisms is based on
the acknowledgment that business is operating productively, for the
common good, and is open to cooperative activities with other parts
of society in trying to resolve common problems.
"The Heroic Enterprise" is not an argument for business -- for as a
fundamental aspect of any society, business does not need an
argument to justify it. The book mostly takes the approach of
reviewing why business is necessary and therefore must be
naturally, easily accepted -- namely, because of the manifold
benefits business provides for society and because it along with
good government and respectable morals has been a primary engine
for the betterment of human life.
John Hood has much experience in the media and communication as a
syndicated columnist, TV commentator, and radio host. Author of
seven nonfiction books on subjects as business, advertising, public
policy, and political history, and many articles for national
publications such as the Wall Street Journal, Hood is President of
the John William Pope Foundation, a Raleigh, N.C.-based grantmaker
that supports public policy organizations, educational
institutions, arts and cultural programs, and humanitarian relief
in North Carolina and beyond. Hood also serves on the board of the
John Locke Foundation, the state policy think tank he helped found
in 1989 and led as its president for more than two decades. He
teaches at Duke University's Sanford School of Public Policy.
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
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then-ending.
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